Judge Serena R. Murillo -- United States District Court, Central District of California

Courtroom 5D, 5th Floor, Felicitas and Gonzalo Mendez United States Courthouse, Los Angeles

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Key Traps — Where Counsel Gets Caught

1. Reply page limit is 10 PAGES — tighter than the 15-page standard used by most CACD judges (opp/motion still 25)
2. NO chambers copies unless specifically ordered (or for TRO ex parte) — do not send unrequested paper
3. If ordered, chambers copies must be delivered by 12:00 p.m. next business day after e-filing; must include CM/ECF header on every page and NEF as last page
4. Civil motions heard Wednesdays 1:30 p.m. — check closed motion dates before filing
5. For Rule 56 motions, comply with Judge Murillo's separate MSJ Standing Order — do NOT rely on local rule briefing schedule
6. Ex parte opposition due 24 HOURS (or one court day) after service — tighter than 48-hour default used by many CACD judges
7. Under-seal meet-and-confer required IN PERSON OR BY TELEPHONE at least 7 CALENDAR DAYS before filing application to seal
8. No SPECIAL APPEARANCES permitted — only counsel of record may appear at any proceeding
9. Remote/telephonic appearances DISFAVORED; strong in-person preference — file application detailing exceptional circumstances
10. 'Notice of Unavailability' has NO LEGAL EFFECT — must instead propose new date via stipulation and proposed order
11. Citations that support main-text statements must be in the main text, not footnotes

Quick Reference

Topic	Rule
Motion Days	VII.B. Scheduling Motions Hearings. Motions must be filed in accordance with Local Rules 6 and 7. Judge Murillo hears civil motions on Wednesday beginning at 1:30 p.m. It is not necessary to clear a hearing date with the CRD before filing a motion. Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Murillo's Procedures and Schedules Page on the Court's website to ensure the hearing date has not been closed. [murillo-serena \| motion_hearing_days]
Motion Limit	VII.D. Length and Format of Motion Papers. Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 10 pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations. [murillo-serena \| page_limits_motions]
Reply Limit	VII.D. Length and Format of Motion Papers. Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 10 pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations. [murillo-serena \| page_limits_replies]
Chambers Copies	Conditional III.D.2. Delivery Location, Timeliness, and Form. If ordered, Chambers Copies or materials must be delivered to Judge Murillo's mailbox on... [murillo-serena \| chambers_copies_details]
Tentative Rulings	Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [murillo-serena \| tentative_rulings]
Remote Appearances	IX.C. Remote Appearances. Remote appearances are disfavored absent good cause shown in a filed declaration. IX.D. Telephonic Hearings. The Court seldom permits telephonic appearances. The Court strongly prefers counsel to appear in person for motion hearings and pretrial and settlement conferences. If exceptional circumstances exist, counsel may file an application to appear telephonically detailing such circumstances. [murillo-serena \| remote_appearances]
Discovery	V.A. Magistrate Judge Referral for All Discovery Matters. All discovery matters are referred to the assigned United States Magistrate Judge. The Magistrate Judge's initials follow the Judge's initials next to the case number. [murillo-serena \| discovery_referral]

Procedural Briefing by Motion Type

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Before You File

Motion Days & Times

VII.B. Scheduling Motions Hearings. Motions must be filed in accordance with Local Rules 6 and 7. Judge Murillo hears civil motions on Wednesday beginning at 1:30 p.m. It is not necessary to clear a hearing date with the CRD before filing a motion. Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Murillo's Procedures and Schedules Page on the Court's website to ensure the hearing date has not been closed. [murillo-serena | motion_hearing_days]

Notice Period

VII.C. Briefing Schedule. To allow Chambers enough time to prepare, the parties must adhere to the briefing schedule set forth in Local Rules 7-9 and 7-10 for all motions, except Rule 56 motions. For Rule 56 motions, the parties should review and comply with Judge Murillo's Standing Order for Motions for Summary Judgment located on the Court's website. [murillo-serena | motion_notice_days]

Motion Page / Word Limit

VII.D. Length and Format of Motion Papers. Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 10 pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations. [murillo-serena | page_limits_motions]

Opposition Limit

Reply Limit

Font & Formatting

VII.D. Length and Format of Motion Papers. ... Pursuant to Local Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Typeface shall comply with Local Rule 11-3.1.1. Times New Roman font must be no less than 14 point. Footnotes shall be in the same font and the same size as the body of the memorandum. [murillo-serena | font_formatting]

Footnote Policy

VII.D. Footnotes shall be in the same font and the same size as the body of the memorandum. VII.E. Citations to Authority. ... Citations that support a statement in the main text must be included in the main text, not in footnotes. [murillo-serena | footnote_policy]

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At Filing

Chambers Copies

Conditional III.D.2. Delivery Location, Timeliness, and Form. If ordered, Chambers Copies or materials must be delivered to Judge Murillo's mailbox on the Fourth Floor of the First Street Courthouse, 350 West First Street, Los Angeles, California 90012. Where applicable, any exhibits or declarations attached to chambers copies must be tabbed. Mandatory Chambers Copies need NOT be blue backed. Chambers copies must be delivered no later than 12:00 p.m. the following business day after the document is electronically filed. [murillo-serena | chambers_copies_details]

ECF Stamp Requirements

III.D.2. "Chambers copies must be printed from CM/ECF and must include: (1) the CM/ECF-generated header (consisting of the case number, document control number, date of filing, page number, etc.) at the top of each page; and (2) the NEF [notice of electronic filing] (see L.R. 5-3.2.1) as the last page of the document." Local Rule 5-4.5 (emphasis added). [murillo-serena | ecf_stamp_requirements]

Proposed Orders

III.C.1. Proposed Orders Must be Lodged and Served. Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. III.C.2. Use Applicable Templates. Use the "Proposed Order" template located on the Court's website under "Orders & Additional Documents" at the bottom of the webpage. III.C.3. Email Proposed Orders to Chambers. ... a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, shall be e-mailed to the assigned judge's generic chambers e-mail address using the CM/ECF System, namely, SRM_chambers@cacd.uscourts.gov. [murillo-serena | proposed_orders]

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Before the Hearing

Tentative Rulings

Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [murillo-serena | tentative_rulings]

Prohibition / Ex Parte Contact Re Tentatives

Silent on tentative ruling prohibition. Not applicable: federal court does not issue tentative rulings. [murillo-serena | tentative_ruling_prohibition]

Oral Argument

IX.A. Submission Without Oral Argument. Pursuant to Federal Rule of Civil Procedure 78 and Local Rule 7-15, the Court may deem a matter appropriate for decision without oral argument. If the Court does so, it will notify the parties before the hearing. IX.B. Oral Argument Time Limits. If oral argument is permitted, the parties will have 10 minutes each for oral argument, unless the Court states otherwise. [murillo-serena | oral_argument_default]

Remote Appearances

IX.C. Remote Appearances. Remote appearances are disfavored absent good cause shown in a filed declaration. IX.D. Telephonic Hearings. The Court seldom permits telephonic appearances. The Court strongly prefers counsel to appear in person for motion hearings and pretrial and settlement conferences. If exceptional circumstances exist, counsel may file an application to appear telephonically detailing such circumstances. [murillo-serena | remote_appearances]

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Background Rules

Chambers Contact

I.E. Communications with Chambers. Neither counsel nor a party shall initiate contact with the Court or its Chambers staff by telephone or any other improper ex parte means. Counsel may contact the CRD with appropriate inquiries. Contacting the CRD to inquire about the status of a ruling or to continue a proceeding is not appropriate. The preferred method of communication with the CRD is by email at SRM_chambers@cacd.uscourts.gov. Counsel must copy all parties on any such email. [murillo-serena | chambers_contact_restrictions]

Discovery Referral

Discovery Motion Process

V.A. Magistrate Judge Referral for All Discovery Matters. All discovery matters are referred to the assigned United States Magistrate Judge. The Magistrate Judge's initials follow the Judge's initials next to the case number. All documents relating to discovery matters must include the words "DISCOVERY MATTER" in the caption to ensure proper routing. Counsel should not deliver chambers copies of discovery matters to the District Judge. Counsel must follow the Magistrate Judge's procedures for scheduling matters for hearing. [murillo-serena | discovery_motion_process]

Ex Parte Applications

X.A. Ex Parte Applications Generally. ... Concurrently with service of the ex parte papers by electronic service and telephonic notice, counsel for the moving party shall also serve the non-moving party by either facsimile, email, or personal service, and give notice to the non-moving party that opposing papers must be filed no later than 24 hours (or one court day) following service. If counsel does not intend to oppose the ex parte application, counsel must inform the Courtroom Deputy Clerk by telephone or email as soon as possible. [murillo-serena | ex_parte_notice]

Settlement Notification

IX.E. Settlement. Counsel must notify the Court at least two weeks before the scheduled hearing if the parties are conducting settlement discussions that may render the motion moot and must notify the Court immediately if a settlement is reached. A belated notice of settlement wastes scarce judicial resources. [murillo-serena | settlement_notification]

Lead Counsel

I.C. Presence of Lead Trial Counsel. Lead trial counsel shall attend all proceedings set by this Court, including scheduling, settlement, pretrial conferences, and trial unless lead trial counsel is engaged in trial. Lead trial counsel must be prepared to address and resolve all matters within the scope of the proceeding. Only one attorney for a party may be designated as lead trial counsel unless otherwise permitted by the Court. If a second lead trial counsel is permitted by the Court, both counsel must attend the pretrial conference. The Court does not permit special appearances; only counsel of record may appear at any proceeding. [murillo-serena | lead_counsel_requirement]

Under Seal Filings

III.E.1. Local Rule 79-5. Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. ... III.E.3. Justification. Sealing must be justified for each individual confidential matter; blanket claims of confidentiality will result in the application to seal being denied. ... III.E.4. Meet and Confer. Counsel is ordered to meet and confer in person or by telephone at least seven calendar days before the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. [murillo-serena | under_seal_requirements]

Continuances & Calendar Conflicts

I.D. Counsel Calendar Conflicts. If any counsel discovers a calendar conflict due to lead counsel's engagement in trial, counsel must inform opposing counsel and the Court's courtroom deputy (CRD) via Chambers email at SRM_chambers@cacd.uscourts.gov as soon as possible and not later than three days before the scheduled appearance. Counsel should attempt to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by Stipulation and Proposed Order. A "Notice of Unavailability" has no legal effect and should not be filed. [murillo-serena | continuances_calendar_conflicts]

Sources & Currency

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