Magistrate Judge David T. Bristow -- United States District Court, Central District of California

Courtroom 4, 3rd Floor, George E. Brown, Jr. Federal Building and United States Courthouse, Riverside (3470 Twelfth Street, Riverside, California)

warning

Key Traps — Where Counsel Gets Caught

1. MANDATORY pre-motion video conference before any discovery motion may be filed — motions filed without it may be stricken
2. IDC request email due within 24 hours of the last meet-and-confer session (or as soon thereafter as practical) to DTB_chambers@cacd.uscourts.gov
3. IDC email must include: (1) neutral statement of dispute, (2) one paragraph per party's position (not argument), (3) three mutually-agreed proposed dates — opposing counsel cc'd
4. Ex parte applications must identify 'OPPOSED' or 'UNOPPOSED' in the caption AND identify sequence (e.g., 'FIRST ex parte,' 'SECOND ex parte') for the same relief
5. Ex parte is NOT an acceptable vehicle for discovery disputes absent emergency — use the IDC procedure instead
6. Ex parte opposition due within 24 hours of oral notice; conformed paper copies of application and opposition e-mailed to chambers box
7. Settlement conference papers e-mailed to DTB_chambers@cacd.uscourts.gov only if the total is ≤10 pages — beyond 10 pages, alternate delivery required
8. All parties must appear IN PERSON at settlement conferences — no telephonic or Zoom party attendance

Quick Reference

Topic	Rule
Chambers Copies	Conditional

Procedural Briefing by Motion Type

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Before You File

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At Filing

Chambers Copies

Conditional

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Before the Hearing

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Background Rules

Discovery Dispute Procedure

Pre-Motion Discovery Dispute Conference (By Video): In the Court's experience, discovery disputes may often be resolved without the need of formal motion papers... First, as Local Civil Rule 37-1 requires, the parties must meet and confer in an attempt to resolve any discovery disputes. Once the parties have determined that they have reached an impasse, within twenty-four hours of the last conference, or as soon thereafter as practical, the movant must e-mail DTB_chambers@cacd.uscourts.gov seeking a video conference with the Court to discuss the discovery dispute. [mj-bristow-david | discovery_dispute_procedure]

Discovery Motion Process

Discovery Motions: Strict compliance with Local Rule 37 is required. Discovery matters are to be scheduled before the Magistrate Judge only if referred by the District Judge. Counsel are advised to review the assigned District Judge's procedures and standing orders before presenting any discovery motions to the Magistrate Judge. Prior to filing a discovery motion, an informal discovery conference before the Magistrate Judge must be held. Discovery Motion(s) shall not be filed with the Court until the Court has conducted its pre-motion conference. The Court may strike any filed discovery motion(s) in violation of this rule or failure to comply with Local Civil Rule 37-1. [mj-bristow-david | discovery_motion_process]

Ex Parte Applications

Procedure 2. Ex Parte Applications: Strict compliance with Local Rule 7-19 is required. Any opposition should be served and filed within 24 hours of applicant's oral notice. Conformed paper copies of the filed application and any opposition should be electronically sent to chamber's email box. Ex parte applications will ordinarily be decided on the papers without oral argument. The Court will notify the parties if it desires a hearing. Please note that, absent an emergency, ex parte applications are not an acceptable method of bringing a discovery dispute to the attention of the Court. Ex parte applications shall identify in the caption whether "OPPOSED" or "UNOPPOSED" and shall also identify in the caption whether the relief being sought has been previously sought via ex parte application (e.g. "FIRST ex parte application for extension of time," "SECOND ex parte application for extension of time"). [mj-bristow-david | ex_parte_notice]

Sources & Currency

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