Magistrate Judge Brianna Fuller Mircheff -- United States District Court, Central District of California

Courtroom 780, 7th 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 requirement — parties file moving/opposing/reply papers under LR 7 instead
2. Discovery motion page cap: 10 pages moving, 10 pages opposition, 5 pages reply — motions exceeding without prior leave may be stricken
3. Mandatory pre-motion Zoom conference before any discovery motion — no motion may be filed until the conference is held unless leave granted by ex parte
4. IDC request due within ONE business day of the last meet-and-confer (not two) — email BFM_Chambers@cacd.uscourts.gov with 3 proposed times, cutoff date, neutral statement, and each side's position
5. IDC email may cite no more than 2 cases and only from 9th Circuit, N.D. Cal./other 9th Cir. district court, or California Supreme Court/Court of Appeal — each party's position limited to 3 sentences per dispute, no attachments unless requested
6. MSJ oppositions/motions capped at 25 pages; replies at 12 pages — 'only in rare instances and for good cause' will excess be granted
7. MSJ chambers copies are the only mandatory hard-copy exception — Room 1200, 12th Floor Roybal drop box by noon the day after filing; not bluebacked
8. Remote appearance requests must be filed in writing at least ONE WEEK before the proceeding — hearings are presumptively in person
9. Stipulated protective orders must be emailed in Word format, AND if based on the court's model must be accompanied by a redline showing every difference from the model
10. Ex parte oppositions due within ONE business day of the application — court will notify parties if it wants a hearing

Quick Reference

Topic	Rule
Motion Days	Law and Motion Schedule: Civil motions are heard on Tuesdays 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. In criminal cases, contact the Courtroom Deputy Clerk to schedule all motions. [Judge Mircheff Procedures Page]
Motion Limit	B. Page Limitations. Memoranda of points and authorities in support of or in opposition to any motion shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to file a brief in excess of those page limitations. [Case Management Order]
Chambers Copies	Conditional Mandatory Chambers Copies: Judge Mircheff does not require courtesy copies of electronically filed documents. The only exception is for... [Judge Mircheff Procedures Page]
Remote 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 a week before the proceeding. Hearings are presumptively held in person, but may be conducted by videoconference at the request of the parties and with leave of Court. [Judge Mircheff Procedures Page]

Procedural Briefing by Motion Type

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Before You File

Motion Days & Times

Law and Motion Schedule: Civil motions are heard on Tuesdays 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. In criminal cases, contact the Courtroom Deputy Clerk to schedule all motions. [Judge Mircheff Procedures Page]

Motion Page / Word Limit

B. Page Limitations. Memoranda of points and authorities in support of or in opposition to any motion shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to file a brief in excess of those page limitations. [Case Management Order]

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At Filing

Chambers Copies

Conditional Mandatory Chambers Copies: Judge Mircheff does not require courtesy copies of electronically filed documents. The only exception is for summary judgment motions and oppositions in civil cases. Mandatory chambers copies of those documents must be delivered to Judge Mircheff's drop box (outside of 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 bluebacked. In habeas corpus cases and Social Security disability cases, Judge Mircheff does not require hard copies of materials that are lodged electronically. Electronic copies of proposed orders in Microsoft Word must be emailed to the Court at BFM_chambers@cacd.uscourts.gov. [Judge Mircheff Procedures Page]

Proposed Orders

Stipulated Protective Order: All proposed orders approving stipulated protective orders must be submitted (1) in Word format, and (2) with the full text of the stipulated protective order. Electronic copies of proposed orders in Microsoft Word must be emailed to the Court at BFM_chambers@cacd.uscourts.gov. When the parties submit a protective order based on this model order, a redline (or comparison) should also be provided by email to BFM_Chambers@cacd.uscourts.gov that shows all differences between the submitted order and model order. [Judge Mircheff Procedures Page]

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Before the Hearing

Remote 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 a week before the proceeding. Hearings are presumptively held in person, but may be conducted by videoconference at the request of the parties and with leave of Court. [Judge Mircheff Procedures Page]

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Background Rules

Chambers Contact

Counsel are not allowed to contact the Judge's law clerks. Inquiries regarding the status of a motion, stipulation, or proposed order should be directed to the Courtroom Deputy Clerk. [Judge Mircheff Procedures Page]

Discovery Dispute Procedure

Discovery Motions: Generally. Discovery motions are to be scheduled before the Magistrate Judge unless otherwise ordered by the District Judge. Strict compliance with Local Civil Rule 37 is required except as otherwise noted in these procedures. Brief Pre-Discovery Motion Conference: The Court requires the parties to follow the procedures below for filing discovery motions. 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 BFM_Chambers@cacd.uscourts.gov seeking a conference with the Court via Zoom. [Judge Mircheff Procedures Page]

Discovery Motion Process

Discovery Motion Practice. The Court dispenses with the joint stipulation requirement under Local Civil Rule 37-2. The Court requires parties to file moving, opposing, and reply papers pursuant to Local Civil Rule 7. No discovery motion may exceed 10 pages unless leave of Court is obtained in advance. The opposition may not exceed 10 pages. Any reply is limited to 5 pages. Copies of all filed documents must be emailed to the chambers email address. 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. [Judge Mircheff Procedures Page]

Ex Parte Applications

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. [Judge Mircheff Procedures Page]

Under Seal Filings

Under Seal Procedures: Compliance with Local Rule 79-5.2 is required. Because documents filed under seal are visible on CM/ECF or Pacer only to the filing party and to 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 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 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 Mircheff Procedures Page]

Sources & Currency

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