Telephone and Email Contact: Parties shall refrain from phoning or emailng the Courtroom Deputy Clerk: (1) to confirm the information provided on this webpage; (2) to request the status of a pending stipulation or submitted motion; (3) to determine if a hearing on calendar will proceed as scheduled; or (4) with questions about how to file documents using the court's CM/ECF system.
Civil Appearances In-Person or Via Zoom: For civil matters only, counsel are welcome to appear in person or via Zoom video for any hearings, as they prefer. (Trials are in-person.) There is no need to give the Court notice or to make a request for either kind of appearance, and please do not do so. Such requests will not be processed and calls will not be returned. If a video appearance is not possible, Zoom Telephonic appearances are permitted. Judge Birotte's Zoom webinar link is at right, towards the top of this page. All criminal matters are in person.
EXTERNSHIPS:
Judge Birotte accepts externs for the spring and summer of each year. Applications for Spring Externships are due by November 4, and applications for Summer Externships are due by January 13.
Application materials must be submitted electronically to AB_ExternApplications@cacd.uscourts.gov. Mailed applications will not be reviewed. Please attach your cover letter, resume, transcript, and writing sample as a single combined PDF. The document should be titled as follows: First Name_Last Name ([Externship Year] [Spring/Summer]). If you are selected for an interview, you will be contacted directly by Chambers.
Please do not email or call regarding the status of your application.
For more information about Judge Birotte’s law and motion requirements, please see the Standing Orders below, which were revised on March 15, 2024. This page simply highlights some procedures for quick reference.
TRIALS start on Mondays or Tuesdays.
CIVIL MATTERS are heard on Fridays at 10:00 a.m.
CRIMINAL MATTERS are heard on Fridays at 1:30 p.m.
Scheduling Motions: It is not necessary to clear a motion date with the Courtroom Deputy Clerk (“CRD”) before filing the motion. Closed Motion Dates are indicated on the right-hand side of this page.
If the Monday or Friday in a given week is a holiday, the Court will NOT have a Friday calendar that week. The next available hearing date is the following Friday.
Local Rule 7-3: The Court strictly enforces Local Rule 7-3’s meet and confer requirement. A Notice of Motion must include a statement of compliance with Local Rule 7-3. The statement of compliance must be prominent, as the Court will not search a filing for the statement. The Court may strike or outright deny a motion that lacks a prominent statement of compliance with Local Rule 7-3, or if counsel fail to meet and confer in good faith.
Length and Format of Motion Papers: Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 15 pages. Typeface must comply with Local Rule 11-3.1.1. Times New Roman font must be at least 14 point; Courier font must be at least 12 point. Footnotes must be used sparingly and must be in the same font and the same size as the body of the memorandum. Citations must be in the body of a memorandum, not in the footnotes.
Rule 56 Motions: Local Rule 56 governs Fed. R. Civ. P. 56 Motions. Local Rule 56 was substantially revised on June 1, 2023. Please review it. Any Fed. R. Civ. P. 56 Motion must comply with the current Local Rule 56, or it will be denied. Judge Birotte requires an extended minimum 5-week briefing schedule for motions under Fed. R. Civ. P. 56, and has specific requirements for parties wishing to cross-move for summary judgment. Consult Judge Birotte’s Standing Order in Civil Cases for this information.
\r\nMotions in Limine: The Court limits the number of in limine motions which a party or group of affiliated parties may file to five, not including (1) any motion in limine that seeks an exclusionary sanction under Fed. R. Civ. P. 37(c)(1), and (2) any motion in limine under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 597 (1993), to exclude or limit expert testimony. Motions made on the latter two grounds must prominently state the basis for the motion in the title of the motion on the caption page. Any party desiring to file any motion in limine beyond those permitted above must file an ex parte application at least seven days before the due date for such motions, attaching the proposed motion and showing why it is imperative that the issue be dealt with by a motion in limine.\r\n
All Other Motions: Must be filed in accordance with the minimum briefing schedule set forth in Local Rules 6-1, 7-9, and 7-10.
Settlement: Counsel must notify the Court at least two (2) 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 settlement notice wastes scarce judicial resources and may subject the offending parties to sanctions.
For more complete case management, scheduling, and trial procedures, see Judge Birotte’s Standing Orders below.
Electronic Filing: Counsel must efile all original civil and criminal filings pursuant to Fed. R. Civ. P. 5(d)(3), Local Rule 5-4, and this Court’s relevant Standing Orders.
Under Seal Filings: In civil cases, counsel must comply with Local Rule 79-5.2. See the below Under Seal Filing Instructions - CIVIL (“The Guide to Electronically Filing Under Seal Documents in Civil Cases”). As stated in the Standing Order, the parties in civil cases must minimize requests to file under seal. In criminal matters, counsel must refer to the Under Seal Filing Instructions - CRIMINAL, below.
Ex Parte and TRO Applications: Ex parte applications are solely for extraordinary relief. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995). Sanctions may be imposed for misuse of ex parte applications.
Stipulations and Requests for Continuances: The Court expects parties to work cooperatively and professionally to resolve routine issues, including scheduling disputes and reasonable requests for continuances. The parties should work to avoid motions on such matters. Stipulations to amend pleadings are also encouraged. Stipulations must be supported by good cause, including a declaration explaining the grounds for the request, and must state whether there have been any previous requests for continuances and whether the Court granted or denied them. Any stipulation must also include a Proposed Order. Stipulations are not effective unless and until this Court so orders.
Discovery Matters: All discovery matters are referred to the United States Magistrate Judge assigned to this case. The Magistrate Judge’s initials follow the District Court 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 must follow the Magistrate Judge’s procedures for scheduling matters for hearing. These procedures are stated on each Magistrate Judge’s webpage. The Magistrate Judge’s decision is final, subject to modification by the District Court Judge only where the Magistrate Judge’s order is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Any motion for review of a Magistrate Judge’s decision must comply with Local Rule 72-2.1.