Judge Kenly Kiya Kato -- United States District Court, Central District of California

Courtroom 3, 3rd Floor, George E. Brown, Jr. Federal Building and United States Courthouse, 3470 Twelfth Street, Riverside, CA 92501

warning

Key Traps — Where Counsel Gets Caught

  1. 1. AI use without disclosure = automatic $500 sanction for initial violation, $500 for each subsequent violation — the only CACD judge with a fixed-dollar AI sanction
  2. 2. Chambers copies delivered to RIVERSIDE (3rd floor, George E. Brown Federal Building, 3470 Twelfth Street) — NOT the First Street Courthouse in LA
  3. 3. Chambers copies required ONLY for MSJ, class certification (+ associated briefing), and overlength briefs — must be labeled 'MANDATORY CHAMBERS COPY' on face page
  4. 4. Civil motions heard Thursdays 9:30 a.m.; if Thursday is court holiday, motions heard the NEXT Thursday
  5. 5. Continuance requests must be submitted no later than 5 COURT DAYS before scheduled date — requests after date has passed are denied
  6. 6. Continuance caption MUST state ordinal (First, Second, Third, etc.) Request for Extension — miss this and it's non-compliant
  7. 7. Ex parte opposition due 24 HOURS after service (business days only clock); reply briefs are NOT allowed and WILL BE STRICKEN
  8. 8. Case administratively closed on settlement notice — if no final judgment/motion to reopen within 30 days, case is DISMISSED WITH PREJUDICE automatically
  9. 9. Failure to timely file opposition will 'likely result in the motion being granted immediately after the opposition would have been due'
  10. 10. Notice of withdrawal or non-opposition to a motion must be given no later than 7 days before hearing

Quick Reference

Topic Rule
Motion Days VII.1. Time for Filing and Hearing Motions. This Court hears civil motions on Thursdays, beginning at 9:30 a.m. If Thursday is a court holiday, motions will be heard on the next Thursday. It is not necessary to clear a hearing date with the Court Clerk before filing a motion. Counsel must check the Court's website for Closed Motion Dates. If the motion date selected is not available, the Court will issue a minute order continuing the date. [kato-kenly | motion_hearing_days]
Motion Limit Silent on page limits motions. [kato-kenly | page_limits_motions]
Reply Limit Silent on page limits replies. [kato-kenly | page_limits_replies]
Chambers Copies Conditional XV. CHAMBERS COURTESY COPIES. Chambers copies shall be delivered to Judge Kato's "Mandatory Chambers Copies" box, located on the third floor... [kato-kenly | chambers_copies_details]
Tentative Rulings Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [kato-kenly | tentative_rulings]
Remote Appearances Silent on remote appearances. [kato-kenly | remote_appearances]
Discovery V. DISCOVERY. All discovery matters have been referred to the assigned magistrate judge, who will hear all discovery disputes. The magistrate judge's initials follow the district judge's initials next to the case number. All discovery-related documents must include the words "DISCOVERY MATTER" in the caption to ensure proper routing. [kato-kenly | discovery_referral]

Procedural Briefing by Motion Type

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Before You File

Motion Days & Times
VII.1. Time for Filing and Hearing Motions. This Court hears civil motions on Thursdays, beginning at 9:30 a.m. If Thursday is a court holiday, motions will be heard on the next Thursday. It is not necessary to clear a hearing date with the Court Clerk before filing a motion. Counsel must check the Court's website for Closed Motion Dates. If the motion date selected is not available, the Court will issue a minute order continuing the date. [kato-kenly | motion_hearing_days]
Notice Period
VII.1. Time for Filing and Hearing Motions. Adherence to the timing requirements is mandatory for chambers' preparation of motion matters. The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two weeks between the filing of the reply and the hearing date. If the parties are able to resolve the issue, or if a party intends to withdraw or declines to oppose a motion, the Court must be notified as soon as possible, but no later than seven days before the hearing date. Failure to oppose a motion will likely result in the motion being granted immediately after the opposition would have been due. [kato-kenly | motion_notice_days]
Motion Page / Word Limit
Silent on page limits motions. [kato-kenly | page_limits_motions]
Opposition Limit
Silent on page limits oppositions. [kato-kenly | page_limits_oppositions]
Reply Limit
Silent on page limits replies. [kato-kenly | page_limits_replies]
Font & Formatting
XV. CHAMBERS COURTESY COPIES. A mandatory chambers copy must comply with Local Rule 11-3 (i.e. font size, page numbering, exhibit tabbing, etc.) but need not be blue-backed. [kato-kenly | font_formatting]
Footnote Policy
Silent on footnote policy. [kato-kenly | footnote_policy]
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At Filing

Chambers Copies
Conditional XV. CHAMBERS COURTESY COPIES. Chambers copies shall be delivered to Judge Kato's "Mandatory Chambers Copies" box, located on the third floor of the George E. Brown Federal Building, 3470 Twelfth Street, Riverside, CA 92501. A mandatory chambers copy must comply with Local Rule 11-3 (i.e. font size, page numbering, exhibit tabbing, etc.) but need not be blue-backed. The mandatory chambers copy must be prominently labeled MANDATORY CHAMBERS COPY on the face page. [kato-kenly | chambers_copies_details]
ECF Stamp Requirements
Silent on ecf stamp requirements. [kato-kenly | ecf_stamp_requirements]
Proposed Orders
VII.3. Proposed Orders. Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge – at the time the moving or opposition papers are filed – a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. In addition, a copy of the proposed order in Word format shall be e-mailed to chambers at kk_chambers@cacd.uscourts.gov on the day the document is e-filed. [kato-kenly | proposed_orders]
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Before the Hearing

Tentative Rulings
Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [kato-kenly | tentative_rulings]
Prohibition / Ex Parte Contact Re Tentatives
Silent on tentative ruling prohibition. Not applicable: federal court does not issue tentative rulings. [kato-kenly | tentative_ruling_prohibition]
Oral Argument
Silent on oral argument default. [kato-kenly | oral_argument_default]
Remote Appearances
Silent on remote appearances. [kato-kenly | remote_appearances]
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Background Rules

Chambers Contact
XII. COMMUNICATIONS WITH CHAMBERS. Counsel must not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means unless contact has been first initiated by chambers staff. Counsel may contact the courtroom deputy clerk with appropriate inquiries. The preferred method of communication with the courtroom deputy clerk is through the Court's chambers email address at kk_chambers@cacd.uscourts.gov. All counsel shall be included on any communications with the courtroom deputy clerk. [kato-kenly | chambers_contact_restrictions]
Discovery Referral
V. DISCOVERY. All discovery matters have been referred to the assigned magistrate judge, who will hear all discovery disputes. The magistrate judge's initials follow the district judge's initials next to the case number. All discovery-related documents must include the words "DISCOVERY MATTER" in the caption to ensure proper routing. [kato-kenly | discovery_referral]
Discovery Motion Process
V. DISCOVERY. All discovery matters have been referred to the assigned magistrate judge, who will hear all discovery disputes. The magistrate judge's initials follow the district judge's initials next to the case number. All discovery-related documents must include the words "DISCOVERY MATTER" in the caption to ensure proper routing. Counsel are directed to review the magistrate judge's Procedures and Schedules on the Central District's website to schedule discovery matters for hearing. Discovery is governed by the Federal Rules of Civil Procedure and applicable Local Rules of the Central District of California. In particular, counsel must strictly comply with Civil Local Rule 37, including the meet and confer and joint stipulation requirements. [kato-kenly | discovery_motion_process]
Ex Parte Applications
VIII.5. Ex Parte Applications. The moving party shall file and serve the opposing party by electronic mail or hand delivery and shall notify the opposing party that opposing papers must be filed not later than twenty-four hours following such electronic mail or hand service. The twenty-four-hour clock runs on business days only. The moving party's declaration in support of an ex parte application shall demonstrate compliance with Local Rule 7-19 and this Order. Failure to comply with the Local Rules and this Order will result in the application being denied. If a party does not intend to oppose an ex parte application, the party must inform the CRD as soon as possible but not later than twenty-four hours following service. Unless otherwise ordered, reply briefs are not allowed and will be stricken. [kato-kenly | ex_parte_notice]
Settlement Notification
IV. ALTERNATIVE DISPUTE RESOLUTION. Upon receipt of oral or written notice that a case has settled, the Court will administratively close the case and if no agreed final order or judgment is thereafter submitted within thirty (30) days, or if no party files a motion to reopen within such time, the case shall, without further order, stand dismissed with prejudice. [kato-kenly | settlement_notification]
Lead Counsel
XIII. PRESENCE OF LEAD COUNSEL. Lead trial counsel must attend any proceeding set by this Court, including all scheduling, pretrial, and settlement conferences. Only ONE attorney for a party may be designated as lead trial counsel unless otherwise permitted by the Court. Counsel should not claim to be co-lead trial counsel for the purpose of avoiding this requirement. If counsel purport to be co-lead trial counsel, both must attend the pretrial conference. Unless lead trial counsel's absence is excused by the Court for good cause no less than five (5) court days in advance of the hearing, or is due to an emergency that prevented prior notice, the Court reserves the right to designate the attorney handling such proceeding as lead counsel for all purposes. Failure of lead counsel to appear will be grounds for sanctions. [kato-kenly | lead_counsel_requirement]
Under Seal Filings
Silent on under seal requirements. [kato-kenly | under_seal_requirements]
Continuances & Calendar Conflicts
VIII.4. Continuances or Extensions of Time. Requests for continuances will not be granted routinely. Counsel must submit any request for a continuance or extension of time no later than five (5) court days prior to the expiration of the scheduled date. Requests to continue dates that have passed will be denied. Stipulations extending scheduling dates set by this Court are not effective unless approved by the Court. The caption of any request for a continuance or extension of time shall indicate how many previous extensions have been requested (e.g., First, Second, Third, etc. Request for Extension). [kato-kenly | continuances_calendar_conflicts]
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AI & Style Preferences

AI Disclosure Requirement
VI. ARTIFICIAL INTELLIGENCE. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer's Rule 11 obligations. Non-compliance and/or citations to non-existent or inaccurate sources will result in sanctions of $500 for an initial violation and $500 for each subsequent violation.

Sources & Currency

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