CIVIL MATTERS are heard on Fridays at 10:00 a.m.

CRIMINAL MATTERS are heard on Fridays at 1:30 p.m.

(If the Monday or Friday in a given week is a holiday, the Court will NOT have a Friday calendar. The next available hearing date is the following Friday.)

All deadines already set by the Court's scheduling orders remain unchanged, except hearing deadines, which shall now reflect the Friday hearing date.

It is not necessary to clear a motion date with the Courtroom Deputy Clerk ( CRD ) before filing the motion. Closed motion dates can be found on Judge Birotte's Procedures and Schedules page.

MOTION BRIEFING SCHEDULE:

Rule 56 Motions: Must be noticed, served, and filed not later than 35 days before the hearing date so that the opposing party has at least 2 weeks to oppose. Opposition papers must be filed and served not later than 21 days before the hearing date. Reply papers must be filed and served not alter than 14 days before the hearing date. See Local Rules 7-9, 7-10.

All other motions: Must be noticed, served, and filed not later than 28 days before the hearing date. See Local Rule 6-1. Opposition papers must be filed and served not later than 21 days before the hearing date. Reply papers must be filed and served not later than 14 days before the hearing date. See Local Rules 7-9, 7-10.

The parties may seek a different briefing schedule by filing a Stipulation and Proposed Order.



The Court will allow only one motion for summary judgment per party in this case, and will not entertain cross-motions. Counsel shall meet and confer prior to summary judgment to determine which party will be the moving party and which will be the opposing party on summary judgment. To the extent it is appropriate based on undisputed facts and controlling principles of law, the Court will sua sponte enter summary judgment in favor of the non-moving party pursuant to Rule 56(f). If any party believes this is one of the rare instances in which there is good cause to allow more than one summary judgment motion (including a cross-motion) or to increase page limits on the moving papers, the party shall seek leave from the court by a noticed motion setting forth good cause.

Counsel are advised to review and adhere to the Central District’s Civility and Professionalism Guidelines. See www.cacd.uscourts.gov , Attorneys, Attorney Admissions, Civility and Professionalism Guidelines.

All filings should conform to the applicable requirements specified by Local Rule 11.

All papers filed with the Court must conform to Local Rule 11-3.1.1, which generally requires typeface of 14 point or larger for Times New Roman and 12 point or larger for Courier.

All discovery motions and stipulations, including those relating to protective orders, are to be calendared before the magistrate judge whose initials appear in parentheses after the case number. Documents may not be filed under seal in matters pending before the district judge based on a discovery protective order signed by the magistrate judge. A separate and additional showing of good cause as to each category of document or information is required. Fed. R. Civ. P. 26(c); Phillips ex rel. Estates of Byrd v. General Motors Corp., 307 F.3d 1206, 1212 (9th Cir. 2002). The parties must also comply with Local Rule 79-5 (Confidential Court Records).

REQUEST FOR CONTINUANCE:

Continuances are granted only on a showing of good cause. Requests for continuances must be by motion, stipulation or application and must be accompanied by a declaration setting forth the reasons for the requested continuance. The declaration also should include whether there have been any previous requests for continuances and whether these requests were granted or denied by the Court. Stipulations extending dates set by this Court are not effective unless approved by the Court. Continuances will not be granted routinely. It is best to leave a message for the CRD at the above number as soon as you know a request for continuance will be made.

If counsel has a conflicting appearance in the court of a more senior district judge, counsel must e-mail the CRD, at least 3 days in advance, indicating the time of the appearance, the case name and the name of the other judge. On the day of the appearance, if possible, request the other district judge's CRD to update Judge Birotte's CRD as to when counsel will be appearing in Judge Birotte's courtroom.



TELEPHONIC APPEARANCE:

The Court may permit appearances by telephone for status conferences and scheduling conferences upon a showing that a personal appearance will cause undue hardship. Only rarely will the Court permit appearances by telephone for oral argument on motions. If you wish to appear by telephone, you must (1) notify opposing counsel that you wish to appear telephonically, (2) file a Request to Appear Telephonically and Proposed Order at least three court days in advance of the scheduled appearance, (3) provide the CRD with the telephone number (land lines only - no cellular telephones) at which the Court can reach you, and (4) be available at that number for at least one-half hour before and one-half hour after the time of the scheduled hearing.

INTERPRETER SERVICES:

It is the responsibility of counsel, in a civil case, to arrange for the services of an interpreter. Interpreter's Office (213) 894-4599.



MEDIA:

All requests from the media should be directed to the Court's Communication Specialist at (213) 894-7987. The CRD will not return calls from the media or answer questions from the media. The media are directed to check the Court's electronic record at www.cacd.uscourts.gov, Newsworthy, as well as the docket sheet on PACER for current information.



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