Magistrate Judge Michael B. Kaufman -- United States District Court, Central District of California

Courtroom 550, 5th Floor, Edward R. Roybal Federal Building and United States Courthouse, Los Angeles

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Key Traps — Where Counsel Gets Caught

1. Dispenses with the LR 37-2 joint stipulation for discovery motions; parties file moving, opposing, and reply papers under LR 7 instead.
2. No discovery motion may be filed until a pre-motion Zoom conference is held; a motion filed in violation may be STRUCK by the Court.
3. Movant must email MBK_Chambers@cacd.uscourts.gov within ONE business day of the last meet-and-confer to request the pre-motion Zoom conference.
4. IDC email must include 3 mutually-agreed times, discovery cut-off date, neutral issue statement, and each party's position — no attachments unless directed.
5. Position statements in the IDC email are capped at 3 sentences per dispute; brevity is enforced by the format itself.
6. IDC case citations limited to 2 per dispute AND only from Ninth Circuit, a district court in the Ninth Circuit, or California Supreme Court/Court of Appeal — no other circuits or state courts count.
7. Discovery motions capped at 10 pages moving, 10 pages opposition, 5 pages reply; leave of Court required IN ADVANCE to exceed.
8. All filed discovery documents including declarations and any attachments must ALSO be emailed to the chambers email address in addition to CM/ECF filing.
9. Zoom or telephonic appearance requests must be filed in writing at least 2 weeks before the hearing — walk-up remote requests not entertained.
10. Junior-attorney guaranteed oral argument: if a written request states an attorney 6 or fewer years out of law school will argue, the hearing WILL be held; otherwise motion may go under submission.
11. Ex parte opposition due within 24 hours of electronic filing of the application; ex parte cannot be used for discovery disputes absent emergency.
12. Civil motions heard Mondays or Wednesdays at 10:00 a.m. only; check Closed Motion Dates before filing (no clearance needed for non-discovery motions).

Quick Reference

Topic	Rule
Motion Days	Civil Motions. Civil motions are heard on Mondays or Wednesdays at 10:00 a.m. Please check the Closed Motion Dates before filing a motion. Other than discovery motions, discussed below, it is not necessary to clear a civil motion date with the Court before filing the motion. [Judge Kaufman Procedures Page]
Motion Limit	Discovery Motion Practice: No discovery motion may exceed 10 pages unless leave of Court is obtained in advance. The opposition may not exceed 10 pages unless leave of Court is obtained in advance. Any reply is limited to 5 pages. Copies of all filed documents, including declarations or any other attachment(s), must be emailed to the chambers email address. [Judge Kaufman Procedures Page]
Chambers Copies	Conditional
Remote Appearances	Court Appearances. Proceedings will be held in person unless the parties are otherwise notified by the Court. If any party requests a telephonic or Zoom appearance, such a request must be filed in writing no later than two weeks before the proceeding. The Court values the importance of training junior attorneys. If a written request for oral argument is filed before a hearing in a non-prisoner case, stating that an attorney six or fewer years out of law school will argue the motion, then the Court will hold the hearing. Otherwise, the Court may find it appropriate to take a motion under submission without oral argument. [Judge Kaufman Procedures Page]

Procedural Briefing by Motion Type

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Before You File

Motion Days & Times

Civil Motions. Civil motions are heard on Mondays or Wednesdays at 10:00 a.m. Please check the Closed Motion Dates before filing a motion. Other than discovery motions, discussed below, it is not necessary to clear a civil motion date with the Court before filing the motion. [Judge Kaufman Procedures Page]

Motion Page / Word Limit

Discovery Motion Practice: No discovery motion may exceed 10 pages unless leave of Court is obtained in advance. The opposition may not exceed 10 pages unless leave of Court is obtained in advance. Any reply is limited to 5 pages. Copies of all filed documents, including declarations or any other attachment(s), must be emailed to the chambers email address. [Judge Kaufman Procedures Page]

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At Filing

Chambers Copies

Conditional

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Before the Hearing

Remote Appearances

Court Appearances. Proceedings will be held in person unless the parties are otherwise notified by the Court. If any party requests a telephonic or Zoom appearance, such a request must be filed in writing no later than two weeks before the proceeding. The Court values the importance of training junior attorneys. If a written request for oral argument is filed before a hearing in a non-prisoner case, stating that an attorney six or fewer years out of law school will argue the motion, then the Court will hold the hearing. Otherwise, the Court may find it appropriate to take a motion under submission without oral argument. [Judge Kaufman Procedures Page]

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Background Rules

Chambers Contact

Communications with the Court: Inquiries regarding the status of a motion, stipulation, or proposed order should be directed to the Courtroom Deputy Clerk. Parties and counsel are not permitted to contact the Judge's clerks. [Judge Kaufman Procedures Page]

Discovery Dispute Procedure

Brief Pre-Discovery Motion Conference. First, as Local Civil Rule 37-1 requires, the parties must meet and confer in a good-faith effort to resolve any discovery dispute. Second, if the parties conclude that they have reached an impasse, within one business day of the last meet-and-confer, the movant must e-mail the Court at MBK_Chambers@cacd.uscourts.gov seeking a conference with the Court via Zoom. No discovery motion may be filed until the Court has conducted a pre-motion conference via Zoom 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. [mj-kaufman-michael | discovery_dispute_procedure]

Discovery Motion Process

Discovery Motions: Discovery motions are to be scheduled before the Magistrate Judge unless otherwise ordered by the District Judge. The parties are directed to review the scheduling order issued by the District Judge for all provisions related to discovery, including the discovery cutoff date. Disputes brought to the Magistrate Judge's attention without sufficient time for decision within the District Judge's scheduling order will be stricken or denied. Discovery Motion Practice: The Court dispenses with the joint stipulation requirement under Local Civil Rule 37-2. Parties must file moving, opposing, and reply papers pursuant to Local Civil Rule 7. [mj-kaufman-michael | discovery_motion_process]

Ex Parte Applications

Ex Parte Applications: Strict compliance with Local Rule 7-19 is required. Any opposition must be filed within 24 hours 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. The Court's procedures for discovery motions in civil cases are set forth below. [Judge Kaufman Procedures Page]

Under Seal Filings

Under Seal Documents. Strict compliance with Local Rule 79-5.2 is required. 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 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 Rule 79-6. [Judge Kaufman Procedures Page]

Sources & Currency

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