Case 2:04-cv-08425 Document 68

Filed 11/04/08 8 Pages

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This action has been reassigned to the calendar of Judge Virginia A. Phillips. The responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in the action, but upon the Court as well. To secure the just, speedy, and READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. LOG CABIN REPUBLICANS, a non-profit corporation, ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA and ) DONALD H. RUMSFELD, et al., ) ) Defendant. ) ____________________________ ) Case No. CV 04-8425-VAP (Ex) STANDING ORDER UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

inexpensive determination of every action, (Fed. R. Civ. P. 1), all counsel are hereby ordered to become familiar with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California.*
s:\vap\1civil\0cvordciv1.frm

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The Court further orders as follows:

1.

Service of the Complaint.

The Plaintiff shall promptly

serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3.

2.

Proposed Orders.

Each party filing or opposing a motion

or seeking the determination of any matter shall serve and file a proposed order which sets forth the relief or action sought and a brief statement of the rationale for the decision, including citation of authorities, that the party requests the Court to adopt.

3.

Presence of Lead Counsel.

All lead trial counsel must

attend any scheduling and pretrial conferences set by the Court. Failure of lead trial counsel to appear for those proceedings is a basis for sanctions.

4.

Motions.

Motions shall be filed and set for hearing in Motions will be heard on Mondays

accordance with Local Rule 6-1. commencing at 10:00 a.m.

If Monday is a national holiday, this Any motion

Court does not hear motions on the succeeding Tuesday.

noticed for a holiday shall automatically be set to the next Monday without further notice to the parties. Any opposition or reply

papers due on a holiday are due the preceding Friday, not the following Tuesday. Memoranda of Points and Authorities in support Replies

of or in opposition to motions shall not exceed 25 pages. shall not exceed 12 pages.
s:\vap\1civil\0cvordciv1.frm

Only in rare instances, and for good 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

cause shown, will the Court agree to extend these page limitations. When citing to legal databases, wherever possible cite to Westlaw rather than Lexis. Unless clearly justified under the circumstances of the case, "motions to dismiss or in the alternative for summary adjudication" are discouraged. These composite motions tend to blur the

legitimate distinction[s] between the two motions, which have different purposes. Frequently, the composite motions introduce On the one hand, such

evidence that is extrinsic to the pleadings.

evidence is improper for consideration in a Fed. R. Civ. P. 12(b)(6) motion, while on the other hand, treatment of the motion as a Rule 56 motion frequently results in reasonable invocation of Rule 56(f) by the non-moving party. Moreover, Rule 12(b)(6) motions are discouraged unless counsel has a good faith belief that such motion will likely result in dismissal, without leave to amend, of all or at least some of the claims under applicable law. Motions for Summary Judgment or Partial Summary Judgment: No

party may file more than one motion pursuant to Fed. R. Civ. P. 56 regardless of whether such motion is denominated as a motion for summary judgment or summary adjudication. Parties offering must

evidence in support of, or in opposition to, a Rule 56 motion

cite to specific page and line numbers in depositions and paragraph numbers in affidavits. authenticated properly. Furthermore, such evidence must be The Court directs the parties to become

familiar with Orr v. Bank of America, NT & SA, 285 F.3d 764 (9th Cir. 2002).

s:\vap\1civil\0cvordciv1.frm

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 6.

Withdrawal or Non-Opposition of Motions:

In the event

that the parties are able to resolve a pending motion, they must notify the Court approximately one week before the hearing date. Sanctions may issue for failure to comply with this requirement, or the broader requirement in Local Rule 7-16 that any party who intends either to withdraw a motion, to not oppose a motion, or to seek a continuance of the hearing date for a motion, must notify the court by noon on the Tuesday preceding the hearing date.

Electronic filing.

As of January 1, 2008, the United

States District Court for the Central District of California will implement mandatory electronic filing ("e-filing") of documents in all new and pending civil cases. Information about the Court's

Electronic Case Filing system, is available on the Court's website at www.cacd.uscourts.gov/cmecf. The "e-filing" of all documents required to be "e-filed" in this matter pursuant to General Order No. 07-08 shall be completed by 4:00 p.m. on the date due. Any documents "e-filed" after 4:00

p.m. on the date due will be considered untimely.

Courtesy copies.

Counsel shall provide one conformed Such courtesy copies

courtesy copy of any "e-filed" document.

shall be delivered to the "Courtesy Box," located outside of Courtroom 2 on the 2nd floor at the United States District Court, 3470 Twelfth Street, Riverside, California 92501, no later than noon of the day following "e-filing."

s:\vap\1civil\0cvordciv1.frm

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

8.

Discovery.

All discovery matters have been referred to a

United States Magistrate Judge (see initial designation following the case number) to hear all discovery disputes. The words

"DISCOVERY MATTER" shall appear in the caption of all documents relating to discovery to insure proper routing. Counsel are

directed to contact the Magistrate Judge Courtroom Deputy Clerk for the assigned Magistrate Judge to schedule matters for hearing. The decision of the Magistrate Judge shall be final, subject to modification by the District Court only where it has been shown that the Magistrate Judges order is clearly erroneous or contrary to law. Any party may file and serve a motion for review and reconsideration before this court. The party seeking review must

do so within ten (10) days of service upon the party of a written ruling or within ten (10) days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling. The motion must specify which portions of the text are clearly erroneous or contrary to law and the claim must be supported by points and authorities. A copy of the moving papers and responses

shall be delivered to the Magistrate Judges clerk for review upon the filing of the required documents.

9.

Ex Parte Applications.

Ex parte applications are

considered on the papers and are not usually set for hearing. Counsel are advised that this Court allows ex parte applications solely for extraordinary relief -- sanctions may be imposed for misuse of ex parte applications. See In re Intermagnetics America, Counsel also should

Inc., 101 B.R. 191 (Bankr. C.D. Cal. 1989).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

become familiar with

Mission Power Engineering Co. v. Continental

Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995), regarding ex parte applications. Counsels attention is directed to Local Rule 7-19. moving party shall serve the opposing party by facsimile transmission and shall notify the opposition that opposing papers must be filed not later than twenty-four hours following such facsimile service. The moving party's declaration in support of an The

ex parte application shall show compliance with Local Rule 7-19 and this Order, failing which the application shall be DENIED. If counsel does not intend to oppose an ex parte application, they must so inform the Courtroom Deputy Clerk, (951) 328-4461. As with

all motion papers, counsel must deliver a conformed courtesy copy of the papers to the "Courtesy Box", located outside of Courtroom 2 on the 2nd floor at United States District Court, 3470 Twelfth Street, Riverside, California 92501. Counsel will be notified by

the Courtroom Deputy Clerk of the Courts ruling or of a hearing time and date should the Court determine that a hearing is necessary.

10.

Stipulations.

Counsel requesting a continuance must

submit a stipulation, with a detailed declaration of the basis for the requested continuance or extension of time, and a proposed order. Continuances will be granted only upon a showing of good

cause, focusing on the diligence of the party seeking the continuance and any prejudice that may result if the continuance is denied. Any continuances that are requested without an

accompanying declaration will be rejected without notice to the

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

parties.

The Court sets firm trial dates and will not change them

without a showing of good cause.

11.

Removed Actions.

Any answers filed in state court must

be re-filed in this Court (separately) as a supplement to the petition. Any pending motions must be re-noticed in accordance

with Local Rule 6-1.

12.

Communications with Chambers.

Counsel shall not attempt

to contact the Court or its staff by telephone or by any other ex parte means. Counsel must list their facsimile transmission

numbers along with their telephone numbers on their papers.

13.

Notice of this Order.

Counsel for plaintiff, or

plaintiff, if appearing on his or her own behalf, shall immediately serve this Order on all parties, including any new parties to the action. If this case came to the Court by noticed removal, the

removing defendant shall serve this Order on all other parties.

14.

Internet Site.

Counsel are directed to review the The address

Central Districts website for additional information. is http://www.cacd.uscourts.gov.

Dated: November 4, 2008 VIRGINIA A. PHILLIPS United States District Judge

s:\vap\1civil\0cvordciv1.frm

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
s:\vap\1civil\0cvordciv1.frm

* Copies of the Local Rules are available on our website at http://www.cacd.uscourts.gov or they may be purchased from one of the following: Los Angeles Daily Journal 915 East 1st Street Los Angeles, California 90012 West Publishing Company 610 Opperman Drive Post Office Box 64526 St. Paul, Minnesota 55164-0526 Metropolitan News 210 South Spring Street Los Angeles, California

90012