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C.D. Cal. · Judge Donahue · Practice Guide

Hon. Patricia Donahue

All local rules for C.D. Cal., integrated with this judge's published requirements.

Before You File
Ex parte applications
🏛 C.D. Cal. local rule

Good-faith oral notice to all parties required L.R. 7-19.1 ↗

👤 Judge Donahue — standing order

If it is necessary to file an ex parte application to seek a continuance, the application must comply with Local Rule 7-11 and Local Rule 7-19 and must contain opposing counsel's position. Procedures for filing an ex parte application: Strict compliance with Local Rule 7-19 is required. Any opposition must be filed within one business day of the electronic filing of the application. The Court will notify parties if a hearing is desired. Please note that, absent an emergency, ex parte applications may not be used to obtain a ruling on a discovery dispute.

Contacting chambers
👤 Judge Donahue — standing order

Counsel may not contact the Judge's law clerks. Inquiries regarding the status of a motion, stipulation or proposed order should be made to the Courtroom Deputy Clerk.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 C.D. Cal. local rule
Motion

25 pages maximum for memorandum in support of or opposition to any motion C.D. Cal. L.R. 11-6 ↗

Opposition

7,000 words maximum L.R. 11-6.1 ↗

Reply

12 pages maximum for reply memorandum C.D. Cal. L.R. 11-6 ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 C.D. Cal. local rule
Notice period

28 days before hearing date L.R. 6-1 ↗

Hearing days

Filer designates; no district-wide hearing day L.R. 6-1 ↗

👤 Judge Donahue — standing order
Hearing days

Civil motions are heard on Fridays beginning at 10:00 a.m. Other than discovery motions, discussed below, it is not necessary to clear a civil motion date with the Court before filing the motion. In criminal cases, contact the Courtroom Deputy Clerk to schedule all motions.

Chambers / courtesy copies
👤 Judge Donahue — standing order
Required?

Yes

Details

Mandatory chambers copies of those documents must be delivered to Judge Donahue's drop box (outside Room 1200 on the 12th Floor of the Roybal Federal Building) by noon on the day after filing. Chambers copies do not need to be blue backed. In habeas corpus cases and Social Security disability cases, Judge Donahue does not require hard copies of materials that are lodged electronically.

Proposed orders
🏛 C.D. Cal. local rule

E-file PDF; email Word copy to chambers L.R. 52-4.1 ↗

👤 Judge Donahue — standing order

Proposed protective orders must be emailed to the Court at pdchambers@cacd.uscourts.gov in Microsoft Word. Electronic copies of proposed orders in Microsoft Word must be emailed to the Court at PDChambers@cacd.uscourts.gov.

Filing under seal
👤 Judge Donahue — standing order

Under Seal Filings: Comply with Local Civil Rule 79-5.2. Because documents filed under seal are visible on CM/ECF or Pacer to only the filing party and Court personnel, a party electronically filing a document under seal may not rely on the Court's CM/ECF system to effect service as provided in Local Civil Rule 5-3 2.1. Documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Documents filed electronically under seal must be accompanied by either a Proof of Service in the form required by Local Civil Rule 5-3 1.2 or a declaration explaining why service is not required. The submission of documents for in camera review is governed by Local Civil Rule 79-6.

The Hearing
Oral argument
🏛 C.D. Cal. local rule

Court may dispense with oral argument on any motion and decide it on the papers; counsel notified by court order C.D. Cal. L.R. 7-15 ↗

Continuances & calendar conflicts
👤 Judge Donahue — standing order

To request a continuance of any scheduled court proceeding, the parties should submit a signed stipulation and proposed order. Calendar conflicts: Advise the Courtroom Deputy Clerk in advance about a calendar conflict and attempt to stipulate with opposing counsel to an alternative date and time after clearing that alternative with the Courtroom Deputy Clerk.

Discovery
Discovery referral procedure
🏛 C.D. Cal. local rule

Joint stipulation required L.R. 37-2 ↗

Discovery dispute procedure
👤 Judge Donahue — standing order

Informal Discovery Conference. Discovery disputes often may be resolved without formal motion papers... First, as Local Civil Rule 37-1 requires, the parties must meet and confer and make a good-faith effort to resolve any discovery dispute. Second, if the parties conclude that they have reached an impasse, within 1 business day of the last meet-and-confer, the movant must e-mail the Court at pdchambers@cacd.uscourts.gov seeking a conference with the Court via Zoom to discuss the discovery dispute. The parties are encouraged to permit an attorney of five or fewer years out of law school to conduct the argument (or at least the lion's share) at the informal discovery conference, as this provides opportunities for newer lawyers.

Discovery Motions. Item 2: Discovery proceedings are to be scheduled before the Magistrate Judge unless otherwise ordered by the District Judge. Counsel should review the procedures and schedules and the standing orders on the Court website for the District Judge assigned to the case, as well as all scheduling orders issued by the District Judge for all provisions relating to discovery, including the cutoff date... Disputes brought to the Magistrate Judge's attention without sufficient time for decision within the deadlines set by the District Judge will be stricken or denied. Item 3: Informal Discovery Conference. Discovery disputes often may be resolved without formal motion papers... the Court requires the parties to follow the procedure below. First, as Local Civil Rule 37-1 requires, the parties must meet and confer and make a good-faith effort to resolve any discovery dispute. Second, if the parties conclude that they have reached an impasse, within 1 business day of the last meet-and-confer, the movant must e-mail the Court at pdchambers@cacd.uscourts.gov seeking a conference with the Court via Zoom to discuss the discovery dispute. The e-mail must include the following: (1) Three separate proposed dates and times mutually agreed upon by the parties for the conference; (2) The discovery cut-off date; (3) A neutral statement of each issue in dispute; and (4) A brief description of each party's position on the dispute(s). Each party's description should be no more than 3 sentences per dispute and may include citations to pertinent authority. The movant must copy opposing counsel on the e-mail. Item 4: The parties are encouraged to permit an attorney of five or fewer years out of law school to conduct the argument (or at least the lion's share) at the informal discovery conference, as this provides opportunities for newer lawyers. Item 5: No discovery motion may be filed until the Court has conducted an informal discovery conference, unless the movant has obtained leave of Court sought by an ex parte application. The Court may strike any discovery motion filed in violation of this Rule and Procedure.

Know Before You Go
👤 Judge Donahue — deviations that burn people
  • MANDATORY informal discovery conference via Zoom before any discovery motion may be filed — court may strike motions filed without it
  • IDC request to pdchambers@cacd.uscourts.gov due within ONE business day of the last meet-and-confer, cc opposing counsel
  • IDC email must include: 3 mutually-agreed dates/times, discovery cut-off date, neutral statement of each dispute, and each party's position (≤3 sentences per dispute)
  • Disputes brought to the Magistrate Judge without sufficient time to decide within the District Judge's deadlines will be stricken or denied
  • POSITIVE TRAP: Court ENCOURAGES attorneys ≤5 years out of law school to argue (or handle the lion's share of) the IDC — junior-attorney training opportunity
  • IDC position statements capped at 3 sentences per dispute; citations to pertinent authority permitted within that limit
  • Courtesy copies of e-filed documents NOT required — sole exception is summary judgment motions and oppositions in civil cases
  • Review the District Judge's standing orders and scheduling orders for discovery cutoffs BEFORE bringing anything to Donahue — deadlines drive whether she can hear it
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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