Judge Sherilyn Peace Garnett -- United States District Court, Central District of California

Courtroom 5C, 5th Floor, First Street Courthouse, Los Angeles

warning

Key Traps — Where Counsel Gets Caught

1. Chambers copies required ONLY for MSJ filings — one mandatory copy; do NOT send any other paper copies unless requested
2. Mandatory Chambers Copies must be delivered no later than 12:00 p.m. (noon) the following business day after e-filing
3. Chambers copies must be printed from CM/ECF with the ECF header on top of each page AND the NEF as the last page (per L.R. 5-4.5)
4. Civil motions heard Wednesdays 1:30 p.m. — check closed motion dates on judge's page before filing
5. For Rule 56 motions, comply with Judge Garnett's separate MSJ Standing Order — local rule briefing schedule does NOT apply
6. Remote/telephonic appearances DISFAVORED; strong in-person preference for motion hearings, pretrial, and settlement conferences
7. Oral argument limited to 10 minutes per side unless Court states otherwise
8. Calendar conflict notice: notify CRD via SPG_chambers@cacd.uscourts.gov no later than 3 days before appearance; 'Notice of Unavailability' has NO LEGAL EFFECT and should not be filed
9. Citations must appear in main text, NOT footnotes; footnotes must be same font/size as body
10. Under-seal meet-and-confer required before filing application; blanket confidentiality claims result in denial

Quick Reference

Topic	Rule
Motion Days	G.2. Scheduling Motions Hearings: Motions must be filed in accordance with Local Rules 6 and 7. Judge Garnett hears civil motions on Wednesdays beginning at 1:30 p.m. It is not necessary to clear a hearing date with the CRD before filing a motion. Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Garnett's Procedures and Schedules Page on the Court's website to make sure the hearing date has not been closed. [garnett-sherilyn \| motion_hearing_days]
Motion Limit	G.4. Length and Format of Motion Papers. Memoranda of points and authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages. Replies shall not exceed fifteen (15) pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations. [garnett-sherilyn \| page_limits_motions]
Reply Limit	G.4. Length and Format of Motion Papers. Memoranda of points and authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages. Replies shall not exceed fifteen (15) pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations. [garnett-sherilyn \| page_limits_replies]
Chambers Copies	Conditional C.4.(b) Delivery Location, Timeliness, and Form. All Mandatory Chambers Copies must be delivered to Judge Garnett's chambers copy box, which... [garnett-sherilyn \| chambers_copies_details]
Tentative Rulings	Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [garnett-sherilyn \| tentative_rulings]
Remote Appearances	I.3. Remote Appearances. Remote appearances are disfavored absent good cause shown in a filed declaration. I.4. Telephonic Hearings. The Court seldom permits telephonic appearances. The Court strongly prefers counsel to appear in person for motion hearings and pretrial and settlement conferences. If exceptional circumstances exist, counsel may file an application to appear telephonically detailing such circumstance. [garnett-sherilyn \| remote_appearances]
Discovery	E.1. Magistrate Judge Referral for All Discovery Matters. All discovery matters are referred to the assigned United States Magistrate Judge. The Magistrate Judge's initials follow the Judge's initials next to the case number. [garnett-sherilyn \| discovery_referral]

Procedural Briefing by Motion Type

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Before You File

Motion Days & Times

G.2. Scheduling Motions Hearings: Motions must be filed in accordance with Local Rules 6 and 7. Judge Garnett hears civil motions on Wednesdays beginning at 1:30 p.m. It is not necessary to clear a hearing date with the CRD before filing a motion. Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Garnett's Procedures and Schedules Page on the Court's website to make sure the hearing date has not been closed. [garnett-sherilyn | motion_hearing_days]

Notice Period

G.3. Briefing Schedule. To allow Chambers enough time to prepare, the parties must adhere to the briefing schedule set forth in Local Rule 7-9 and 7-10 for all motions, except Rule 56 motions. For Rule 56 motions, the parties should review and comply with Judge Garnett's Standing Order for Motions for Summary Judgment. [garnett-sherilyn | motion_notice_days]

Motion Page / Word Limit

G.4. Length and Format of Motion Papers. Memoranda of points and authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages. Replies shall not exceed fifteen (15) pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations. [garnett-sherilyn | page_limits_motions]

Opposition Limit

Reply Limit

Font & Formatting

G.4. Length and Format of Motion Papers. ... 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 14 point; Courier font must be no less than 12 point. Footnotes shall be in the same font and the same size as the body of the memorandum. [garnett-sherilyn | font_formatting]

Footnote Policy

G.4. Footnotes shall be in the same font and the same size as the body of the memorandum. G.5. Citations to Authority. ... Citations that support a statement in the main text must be included in the main text, not in footnotes. [garnett-sherilyn | footnote_policy]

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At Filing

Chambers Copies

Conditional C.4.(b) Delivery Location, Timeliness, and Form. All Mandatory Chambers Copies must be delivered to Judge Garnett's chambers copy box, which is located outside of the Clerk's Office on the 4th floor of the courthouse. Mandatory Chambers Copies must be delivered no later than 12:00 p.m. (noon) the following business day after the document is electronically filed. "Mandatory chambers copies must be printed from CM/ECF and must include: (1) the CM/ECF-generated header (consisting of the case number, document control number, date of filing, page number, etc.) at the top of each page; and (2) the NEF [notice of electronic filing] (see L.R. 5-3.2.1) as the last page of the document." Local Rule 5-4.5 (emphasis added). [garnett-sherilyn | chambers_copies_details]

ECF Stamp Requirements

C.4.(b) "Mandatory chambers copies must be printed from CM/ECF and must include: (1) the CM/ECF-generated header (consisting of the case number, document control number, date of filing, page number, etc.) at the top of each page; and (2) the NEF [notice of electronic filing] (see L.R. 5-3.2.1) as the last page of the document." Local Rule 5-4.5 (emphasis added). [garnett-sherilyn | ecf_stamp_requirements]

Proposed Orders

C.3.(a) Proposed Orders Must be Lodged and Served: Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. C.3.(b) Use Applicable Templates. Use the "Proposed Order" template located on the Court's website under "Orders & Additional Documents" at the bottom of the webpage. C.3.(c) Email Proposed Orders to Chambers. ... a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, shall be e-mailed to the assigned judge's generic chambers e-mail address using the CM/ECF System, namely, SPG_chambers@cacd.uscourts.gov. [garnett-sherilyn | proposed_orders]

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Before the Hearing

Tentative Rulings

Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [garnett-sherilyn | tentative_rulings]

Prohibition / Ex Parte Contact Re Tentatives

Silent on tentative ruling prohibition. Not applicable: federal court does not issue tentative rulings. [garnett-sherilyn | tentative_ruling_prohibition]

Oral Argument

I.1. Submission Without 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. If the Court does so, it will notify the parties before the hearing. I.2. Oral Argument Time Limits. If oral argument is permitted, the parties will have ten (10) minutes each for oral argument, unless the Court states otherwise. [garnett-sherilyn | oral_argument_default]

Remote Appearances

I.3. Remote Appearances. Remote appearances are disfavored absent good cause shown in a filed declaration. I.4. Telephonic Hearings. The Court seldom permits telephonic appearances. The Court strongly prefers counsel to appear in person for motion hearings and pretrial and settlement conferences. If exceptional circumstances exist, counsel may file an application to appear telephonically detailing such circumstance. [garnett-sherilyn | remote_appearances]

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Background Rules

Chambers Contact

A.5. Communications with Chambers. Neither counsel nor a party shall initiate contact with the Court or its Chambers staff by telephone, or by any other improper ex parte means. Counsel may contact the CRD with appropriate inquiries. Contacting the CRD to inquire about the status of a ruling or to continue a proceeding is not appropriate. The preferred method of communication with the CRD is by email at SPG_chambers@cacd.uscourts.gov. Counsel must copy all parties on any such email. [garnett-sherilyn | chambers_contact_restrictions]

Discovery Referral

Discovery Motion Process

E.1. Magistrate Judge Referral for All Discovery Matters. All discovery matters are referred to the assigned United States Magistrate Judge. The Magistrate Judge's initials follow the 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. Counsel should not deliver chambers copies of discovery matters. Counsel must follow the Magistrate Judge's procedures for scheduling matters for hearing. [garnett-sherilyn | discovery_motion_process]

Ex Parte Applications

J.2. Ex Parte Applications for TROs: ... The moving party must serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later, or certify pursuant to Rule 65 and Local Rule 65-1 the efforts made to give notice and reasons why it should not be required under the circumstances. [garnett-sherilyn | ex_parte_notice]

Settlement Notification

I.5. Settlement. Counsel must notify the Court at least two weeks before the scheduled hearing if the parties are conducting settlement discussions that may render the motion moot and must notify the Court immediately if a settlement is reached. A belated notice of settlement wastes scarce judicial resources. [garnett-sherilyn | settlement_notification]

Lead Counsel

A.3. Presence of Lead Trial Counsel. Lead trial counsel shall attend all proceedings set by this Court, including scheduling, settlement, and pretrial conferences, as well as trials. Lead trial counsel must be prepared to address and resolve all matters within the scope of the proceeding. Only one attorney for a party may be designated as lead trial counsel unless otherwise permitted by the Court. If a second lead trial counsel is permitted by the Court, both counsels must attend the pretrial conference. [garnett-sherilyn | lead_counsel_requirement]

Under Seal Filings

C.5.(a) Local Rule 79-5. Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. ... 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, see (c) below, that establishes "good cause" or "compelling reasons" for the document's protection. C.5.(c) Justification. Sealing must be justified for each individual confidential matter; blanket claims of confidentiality will result in the application to seal being denied. ... The parties must also meet and confer before filing an application to seal. [garnett-sherilyn | under_seal_requirements]

Continuances & Calendar Conflicts

A.4. Counsel Calendar Conflicts. If any counsel discovers a calendar conflict with a scheduled appearance, counsel must inform opposing counsel and the Court's courtroom deputy (CRD) via Chambers email at SPG_chambers@cacd.uscourts.gov as soon as possible and not later than three (3) days before the scheduled appearance. Counsel should attempt to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by Stipulation and Proposed Order. A "Notice of Unavailability" has no legal effect and should not be filed. [garnett-sherilyn | continuances_calendar_conflicts]

Sources & Currency

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