Judge Otis D. Wright II -- 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. Word limits, not page limits: 7,000 words motions/oppositions; 3,300 words replies — hard caps, extensions granted only rarely
2. Font is prescribed: Times New Roman 14-point body, 12-point footnotes — footnotes must be used sparingly
3. Evidence >50 pages must be separately bound and tabbed with a table of contents; >200 pages requires a Slant D-Ring binder
4. Failing to email the Word/WordPerfect proposed order to ODW_chambers@cacd.uscourts.gov will result in your document being STRICKEN
5. Chambers copies required for MSJs, MILs, and pretrial docs only — but submit USB flash drives in lieu of CDs
6. Continuance of an ODW date needs "compelling factual support" — trial dates are firm and "will rarely be changed"
7. Reply/opposition due on a holiday must be filed the PRECEDING Friday (not the following Tuesday) and hand-delivered/faxed that Friday
8. Ex parte: 24-hour opposition window if opposing party has appeared; 48 hours if not — reply prohibited unless expressly authorized
9. Positive trap: file notice 14+ days before hearing that a <4-year attorney will argue and ODW WILL hold oral argument
10. Do not call chambers — status inquiries on motions/stips/proposed orders go to PACER, calls will not be returned

Quick Reference

Topic	Rule
Motion Days	SO: The Court hears motions on Mondays, Criminal at 10:30 a.m. and Civil at 1:30 p.m. It is not necessary to clear a motion date with the Court Clerk prior to filing the motion. (JPS) I. COURT HOURS: Criminal Motions -- Mondays at 10:00 a.m. only. Civil Motions -- Mondays at 1:30 p.m. only. Civil Pre-Trial Conferences -- Mondays at 1:30 p.m. [wright-otis \| motion_hearing_days]
Motion Limit	(JPS) VII.2.3 Length and Format of Motion Papers: Memoranda of points and authorities in support of or in opposition to motions shall not exceed 7,000 words. Replies shall not exceed 3,300 words. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence must be in a separately bound and tabbed pleading and include a table of contents. If such evidence exceeds 200 pages, the documents shall be placed in a Slant D-Ring binder, including a table of contents, with each item of evidence separated by a tab divider on the right side. [wright-otis \| page_limits_motions]
Reply Limit	(JPS) VII.2.3: Replies shall not exceed 3,300 words. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. [wright-otis \| page_limits_replies]
Chambers Copies	Conditional Scheduling §4 Courtesy Copies: The Court requires courtesy copies only for Motions for Summary Judgment, motions necessitating a substantial... [wright-otis \| chambers_copies_details]
Tentative Rulings	Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [wright-otis \| tentative_rulings]
Remote Appearances	(JPS) VIII. TELEPHONIC HEARINGS: At least one week prior to the scheduled hearing, counsel located outside the Central District may arrange to appear telephonically. Contact the Court Clerk by email: Sheila_english@cacd.uscourts.gov for the Court's permission. The requesting attorney is responsible for coordinating and initiating the telephone call. No cellular or speaker telephones may be used. [wright-otis \| remote_appearances]
Discovery	(JPS) VI.4 Discovery: All non-patent discovery matters have been referred to a United States Magistrate Judge. (The Magistrate Judge's initials follow the Judge's initials next to the case number.) [wright-otis \| discovery_referral]

Procedural Briefing by Motion Type

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Before You File

Motion Days & Times

SO: The Court hears motions on Mondays, Criminal at 10:30 a.m. and Civil at 1:30 p.m. It is not necessary to clear a motion date with the Court Clerk prior to filing the motion. (JPS) I. COURT HOURS: Criminal Motions -- Mondays at 10:00 a.m. only. Civil Motions -- Mondays at 1:30 p.m. only. Civil Pre-Trial Conferences -- Mondays at 1:30 p.m. [wright-otis | motion_hearing_days]

Notice Period

(JPS) VII.2.1 Time for Filing and Hearing Motions: Motions shall be filed in accordance with Local Rules 6 and 7. This Court hears motions on Mondays, beginning at 1:30 p.m. If Monday is a national holiday, motions will be heard the following Monday. If the motion date selected is not available, the Court will issue a minute order continuing the date. When the Court continues a motion date in this way, the briefing schedule under Local Rules 7-9 and 7-10 shall apply to the originally noticed date, NOT the continued date. This means Local Rule 7-11 does not apply unless the Court expressly orders otherwise. Opposition or reply papers due on a holiday must be filed the preceding Friday (not the following Tuesday) and must be hand-delivered or faxed to opposing counsel on that Friday. [wright-otis | motion_notice_days]

Motion Page / Word Limit

(JPS) VII.2.3 Length and Format of Motion Papers: Memoranda of points and authorities in support of or in opposition to motions shall not exceed 7,000 words. Replies shall not exceed 3,300 words. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence must be in a separately bound and tabbed pleading and include a table of contents. If such evidence exceeds 200 pages, the documents shall be placed in a Slant D-Ring binder, including a table of contents, with each item of evidence separated by a tab divider on the right side. [wright-otis | page_limits_motions]

Opposition Limit

(JPS) VII.2.3: Memoranda of points and authorities in support of or in opposition to motions shall not exceed 7,000 words. [wright-otis | page_limits_oppositions]

Reply Limit

(JPS) VII.2.3: Replies shall not exceed 3,300 words. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. [wright-otis | page_limits_replies]

Font & Formatting

(JPS) VII.2.3 Length and Format of Motion Papers: Times New Roman font must be used, and the font size must be 14 point. Footnotes shall be in 12-point font and shall be used sparingly. All other typeface and spacing regulations are governed by Local Rules 11-3.1.1, 11-3.2, 11-3.6, and 11-3.7. [wright-otis | font_formatting]

Footnote Policy

(JPS) VII.2.3: Footnotes shall be in 12-point font and shall be used sparingly. [wright-otis | footnote_policy]

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At Filing

Chambers Copies

Conditional Scheduling §4 Courtesy Copies: The Court requires courtesy copies only for Motions for Summary Judgment, motions necessitating a substantial evidentiary record, and pretrial documents. FOR THESE FILINGS ONLY, the Court requires one mandatory chambers copy of all related filed documents. USB flash drives should be submitted in lieu of compact discs. Chambers copies shall be delivered to and placed in the Judge's courtesy box, located outside of the Clerk's office on the 4th floor. Chambers copies of under seal documents shall be placed together in a manilla envelope labeled "UNDER SEAL." Courtesy copies DO NOT need to be blue-backed. All courtesy copies of pretrial documents (e.g. witness lists, exhibit lists, pretrial conference orders, jury instructions, etc.) shall be three-hole punched and placed in a three-ring binder. [wright-otis | chambers_copies_details]

Proposed Orders

(JPS) VII. FILINGS: For all e-filed documents that accompany a proposed order. You must send the proposed order in word or word perfect to the chambers email address at: ODW_chambers@cacd.uscourts.gov. Failing to do so will result in your document being stricken for non-compliance. [wright-otis | proposed_orders]

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Before the Hearing

Tentative Rulings

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

Prohibition / Ex Parte Contact Re Tentatives

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

Oral Argument

Scheduling §6j Oral Argument: The Court, in its discretion, may dispense with oral argument on a motion. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. However, the Court also encourages law firms to contribute to the professional development of new attorneys by allowing them to present oral argument to the Court on motions. To that end, if any party to a motion files a notice with the Court stating that an attorney with less than four years' experience will present oral argument, the Court will hold a hearing on that motion. This notice must be filed no later than fourteen days before the hearing. The Court will take into account the attorney's inexperience when considering their oral arguments. [wright-otis | oral_argument_default]

Remote Appearances

(JPS) VIII. TELEPHONIC HEARINGS: At least one week prior to the scheduled hearing, counsel located outside the Central District may arrange to appear telephonically. Contact the Court Clerk by email: Sheila_english@cacd.uscourts.gov for the Court's permission. The requesting attorney is responsible for coordinating and initiating the telephone call. No cellular or speaker telephones may be used. [wright-otis | remote_appearances]

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Background Rules

Chambers Contact

(JPS) II. CONTACT WITH CHAMBERS: Counsel are not to communicate with chambers unless first contacted by Judge Wright's Courtroom Deputy Clerk (CRD). Calls and emails WILL NOT be returned regarding the status of submitted motions, stipulations, or proposed orders. A copy of any proposed order should be emailed to chambers email address in word or word perfect. Counsel may also determine the status of any submitted motion, stipulation, or proposed order by accessing PACER. [wright-otis | chambers_contact_restrictions]

Discovery Referral

Discovery Motion Process

(JPS) VI.4 Discovery: All non-patent discovery matters have been referred to a United States Magistrate Judge. (The Magistrate Judge's initials follow the Judge's initials next to the case number.) All discovery documents must include the words "DISCOVERY MATTER" in the caption to ensure proper routing. Counsel are directed to contact the Magistrate Judge's Courtroom Deputy Clerk to schedule matters for hearing. Please do not deliver courtesy copies of discovery papers to this Court. The decision of the Magistrate Judge shall be final, subject to modification by this Court only where it has been shown that the Magistrate Judge's order is clearly erroneous or contrary to law. Any party may file and serve a motion for review and reconsideration before this Court. The moving party must file and serve the motion within 10 days of service of a written ruling or within 10 days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling. VII.3.3 Discovery Motions: All discovery motions must be heard prior to the discovery cut-off date. Discovery motions are to be scheduled before the magistrate judge assigned to the case. [wright-otis | discovery_motion_process]

Ex Parte Applications

(JPS) VII.4 Ex Parte Applications: All ex parte applications will be decided on the papers and without a hearing unless the Court orders otherwise. The Court considers ex parte applications on the papers and does not usually set these matters for hearing. If a hearing is necessary, the parties will be notified. Ex parte applications are solely for extraordinary relief and should be used with discretion. Sanctions may be imposed for misuse of ex parte applications. Applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel's position, will not be considered except on a specific showing of good cause. The moving party shall, following service of the ex parte papers by electronic service, facsimile transmission, or personal service, notify the opposing party that opposing papers must be filed no later than 24 hours following service, except in cases where the opposing party has not previously appeared (i.e., responded to the Complaint). In those cases where the opposing party has not previously appeared, the moving party shall, following service of the ex parte papers, notify the opposition that opposing papers must be filed no later than 48 hours following service. No party may file a reply unless expressly authorized by the Court. [wright-otis | ex_parte_notice]

Settlement Notification

Scheduling §8 Settlement: This Court will not conduct settlement conferences in non-jury cases unless counsel for all parties and their respective clients agree either in writing or on the record. In jury cases, the Court will conduct a settlement conference at the parties' joint request if three conditions exist: (a) The parties are satisfied that the fact issues in the case will be tried by a jury; (b) All significant pre-trial rulings which the Court must make have been made; and (c) The parties desire the Court to conduct the conference, understanding that if settlement fails, the Court will preside over trial of the case. The parties must file a Status Report regarding settlement at the time they lodge the proposed PTCO. This Report shall not disclose the parties' settlement positions, i.e. the terms of any offers or demands. It shall merely describe the efforts made by the parties to resolve the dispute informally, i.e. the occasions and dates when the parties participated in mediation or settlement conferences. The Status Report shall also include the name and phone number of the Settlement Officer who assisted the parties with their settlement conference. [wright-otis | settlement_notification]

Lead Counsel

(JPS) VI.3 Presence of Lead Counsel: The attorney attending any proceeding before this Court, including all status and settlement conferences, must be the lead trial counsel. Scheduling §3: The attorney attending any proceeding before this Court must be an attorney who is thoroughly knowledgeable about the case, responsible for the conduct of the litigation, and who has authority to enter into stipulations and to make admissions regarding all matters that the participants reasonably anticipate may be discussed. Lead counsel who will actually try the case must attend the Pretrial Conference. A party who is not represented must attend all proceedings in person. [wright-otis | lead_counsel_requirement]

Under Seal Filings

(JPS) XVI. UNDER SEAL FILINGS: ALL "CIVIL ONLY" SEALED DOCUMENTS, please refer to L.R. 79-5.2 for instructions to submit. "CRIMINAL SEALED" and IN CAMERA - procedures will remain the same (send an email with attachments to chambers email address). File the "Notice of Manual Filing" on the docket ONLY. Counsel shall EMAIL all under seal filings to ODW_Chambers@cacd.uscourts.gov. When submitting an exhibit(s) NOT attached to a document, you must prepare a caption page on each separately prepared exhibit. When the application and proposed order ARE NOT filed under Seal: Electronically file the application to seal and/or declaration giving notice of proof of service. During the electronic filing process, attach the proposed order to the application. After electronically filing the application and proof of service, send an e-mail to ODW_Chambers@cacd.uscourts.gov containing a PDF of the application to seal, declaration giving notice or proof of service, Word or WP version of the proposed order and a PDF of the document to be filed under seal. When the request is to seal the application, order and document(s): Electronically file a NOTICE OF MANUAL FILING indicating that an application to seal, declaration giving notice or a proof of service, proposed order sealing and under seal documents have been submitted to the Court. Prepare a title page for EACH document to be sealed. IF A PROTECTIVE ORDER IS ALREADY ON FILE, ADVISE THE CLERK. [wright-otis | under_seal_requirements]

Continuances & Calendar Conflicts

(JPS) III. CALENDAR CONFLICTS: If counsel has an appearance with another district judge, please leave a voice mail message with the Court Clerk at 213-894-8266 indicating the time of the appearance and the name of the other judge. On the day of the appearance, if possible, request the other judge's Court Clerk to update Judge Wright's Court Clerk as to when counsel will be appearing in Judge Wright's courtroom. If counsel cannot make a court appearance, good cause must be shown. IV. CONTINUANCES: Continuances and special requests must be approved by the Court. Good cause must be shown. Refer to Local Rule 7-1 and 52-4 for the proper format. The Court has a strong interest in keeping scheduled dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed. Therefore, a stipulation to continue the date of any matter before this Court must be supported by a sufficient basis that demonstrates good cause why the change in the date is essential. Without such compelling factual support, stipulations continuing dates set by this Court will not be approved. [wright-otis | continuances_calendar_conflicts]

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