Motion Day: Judge Shay’s Motion Day is Thursday. Motions noticed for hearing before Judge Shay pursuant to any local rule of the Central District of California that requires a motion to be noticed for hearing on a regular Motion Day must be set for a Thursday at 10:00 a.m. It is not necessary to clear a motion date with the Court before filing a notice of motion. Parties who notice a motion under Central District of California Local Rule (“L.R.”) 6-1, and parties opposing such motions, must strictly comply with the deadlines set by L.Rs. 6-1, 7-9, and 7-10. However, please note that the following types of motions/applications are subject to special procedures and may not be governed by L.R. 6-1:
• Motions in Cases in Which One of the Parties Is in Custody and Is Proceeding Pro Se: Motions filed in such cases—by any party—should not be noticed for hearing. The Court will set a briefing schedule and may, in its discretion, schedule a hearing.
• Ex Parte Applications: Ex parte applications must be filed in accordance with L.R. 7-19. Any opposition must be filed within 24 hours of the electronic filing of the application, and no reply is permitted. Ex parte applications will ordinarily be decided on the papers without oral argument. The Court will notify parties if a hearing is desired. If the opposing party is in custody, the requesting party need not provide oral notice before filing but must undertake reasonable efforts to provide notice in writing, must state in the application that the party is in custody, and must describe the steps that have been (or will be) taken to provide the person in custody with prompt notice.
• Discovery Motions: Discovery motions are governed by L.Rs. 37-1 through 37-4. However, prior to filing any discovery motion, the parties must engage in a mandatory informal discovery conference with Judge Shay, as discussed below under “Civil Procedures” in Paragraph 2, “Discovery Disputes.”
• Motions in Criminal Cases: Please contact Judge Shay’s Courtroom Deputy Clerk to schedule all criminal motions and applications.
Hearings are held IN PERSON in Courtroom 550 of the Edward R. Roybal Federal Building and United States Courthouse unless otherwise ordered by the Court. No one should assume that any hearing will be held remotely, though remote appearances may occasionally be permitted. A party wishing to appear by videoconference must email that request to Judge Shay’s Courtroom Deputy Clerk at CTS_Chambers@cacd.uscourts.gov no later than 48 hours prior to the scheduled hearing; each such request must copy opposing counsel and must explain why a remote appearance is being requested.
Continuances: The Court may continue a hearing sua sponte or may take a motion under submission without oral argument at any time. To request a continuance of any scheduled court proceeding or an extension of time for any deadline, the parties should submit a signed stipulation and proposed order in compliance with L.R. 7-11. If it is necessary to file an Ex Parte Application to seek a continuance, the application must comply with the procedures for Ex Parte Applications set forth above. The request, whether submitted by stipulation or Ex Parte Application, must set forth good cause for the extension or continuance, explain whether any previous extensions or continuances have been sought, and note whether any such requests were granted or denied. If it is absolutely necessary for a party to file an opposed Ex Parte Application to request an extension of time or continuance of a hearing, the application must forthrightly describe the basis and details of the opposing party’s position.
A proposed order for continuance or extension must include all future dates impacted by the requested continuance or extension, such as the dates for opposition, reply, or hearing. A party proceeding pro se is not required to include a proposed order with a requested continuance or extension.
\r\n
","sortOrder":2,"position":"Center"},{"title":"Judge's Procedures","content":"General Procedures
1. Mandatory Chambers Copies: Judge Shay does not routinely require chambers copies of any electronically filed documents. Unless specifically ordered to provide chambers copies in a particular case or for a particular motion, such copies should not be provided. When chambers copies are required, those documents must be delivered to Judge Shay's drop box (outside Room 1200 on the 12th Floor of the Roybal Federal Building) by noon on the day after filing. Chambers copies do not need to be bluebacked. In habeas corpus cases and Social Security disability cases, Judge Shay does not require—and prefers not to receive—hard copies of materials that are lodged electronically.
2. Proposed Orders: Electronic copies of proposed orders in Microsoft Word must be emailed to the Court at CTS_Chambers@cacd.uscourts.gov.
3. Communications with the Court: Inquiries regarding the status of a motion, stipulation, or proposed order shall be made by checking the docket. If such information does not timely appear on the docket when expected, counsel may sparingly contact the Courtroom Deputy Clerk for status inquiries. Unless counsel or the parties have been expressly authorized to communicate with chambers, all appropriate oral and written communications are to be submitted to the Courtroom Deputy Clerk. (See Local Rules). Parties and counsel are not allowed to contact the Court’s law clerks or to communicate with Chambers by any means, except as expressly provided herein or otherwise ordered by the Court.
4. Calendar Conflicts: Advise the Courtroom Deputy Clerk in advance about a calendar conflict and attempt to stipulate with opposing counsel to an alternative date and time after clearing that alternative with the Courtroom Deputy Clerk. Please note that a “Notice of Unavailability” has no legal effect and should not be filed.
5. Electronic Equipment in Court: Counsel should contact the Courtroom Deputy Clerk regarding procedures for bringing electronic equipment into the courtroom.
6. Transcripts: For general information on how to order a transcript of any reported or digitally recorded proceeding, please visit the court website section referring to Court Reporter/Recorder Transcripts. For an estimate of the cost to prepare a transcript, contact the court reporter/recorder for the desired proceeding. To determine the court reporter/recorder for a particular proceeding, go to the Court Reporter Schedule web page and click on Select a Date. Once you have determined the correct court reporter/recorder for the desired session, click on the Court Reporter Phone and Email List for contact information.
7. Interpreters: It is the responsibility of the parties to obtain the services of an interpreter in a civil case if one is needed. If the government is the moving party, the government shall contact the CRD. For further information, the parties are referred to Interpreter Services.
8. Duty to Notify of Settlement: Counsel must advise the Court immediately if the case or any pending matter has been resolved. Failure to provide timely notice of settlement or resolution of pending matters may result in sanctions.
Civil Procedures
1. Stipulated Protective Order:
a. General Standard. Stipulated protective orders must satisfy Rule 26 of the Federal Rules of Civil Procedure, the Ninth Circuit's standards for protective orders, and the Local Rules of this Court. The Court may enter a protective order only upon a showing of good cause. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006) (parties must make a \"particularized showing\" under Rule 26(c)'s good cause requirement for court to enter protective order). In addition, the Court will not enter a protective order that provides for the automatic sealing of all confidential documents. If confidential material is included in any papers to be filed in Court, such papers must be accompanied by an application pursuant to L.R. 79-5.1 to file the papers—or the confidential portion thereof—under seal. In the event of a dispute regarding the designation of confidential information, the procedure for obtaining a decision from the Court is set forth below in Paragraph 2, Discovery Disputes.
b. Model Protective Order. Absent unusual circumstances, the parties must prepare their protective orders based on the model protective order that is available for download under the tab above labeled “Orders and Additional Documents.” When the parties submit a protective order, counsel shall email the proposed stipulated protective order in Microsoft Word format along with a redline in Microsoft Word format to Chambers at CTS_Chambers@cacd.uscourts.gov showing all differences between the proposed stipulated protective order and the model order. Counsel are advised that the Court will not approve any protective order that eliminates or modifies Section 7.2 of the model protective order. Failure to comply with the requirements in this paragraph will result in denial of the stipulated protective order without prejudice.
2. Discovery Disputes:
a. Generally. Discovery disputes are generally handled by the magistrate judge unless otherwise ordered by the assigned district judge.
b. Civility. The parties are directed to review and comply with the Civility and Professionalism Guidelines that appear on the Court's website.
c. District Judge Orders and Procedures. The parties are advised to review the procedures and standing orders of the assigned district judge, as well as the scheduling order issued by the district judge assigned to their case, for all provisions related to discovery, including the cutoff. The scheduling order sets forth the magistrate judge's jurisdiction over discovery disputes. For example, some district judges permit a discovery motion to be decided after the discovery cutoff; others require that any discovery dispute be fully briefed, argued, and decided, and that any relief ordered by the magistrate judge be completed, before the discovery cutoff. Disputes brought to the magistrate judge's attention without sufficient time for decision within the strictures of the district judge's scheduling order will be stricken or denied.
d. Mandatory Informal Discovery Conference. Discovery disputes often may be resolved without the need for formal motion papers. To facilitate the just and expedient resolution of discovery matters and to conserve the Court's and the parties' resources, the Court requires the parties to follow the procedure below to bring discovery disputes to the Court’s attention. This procedure does not apply to cases in which a party to the discovery dispute is in custody and is self-represented.
- First, the parties must engage in at least two attempts to resolve the dispute without Court involvement consistent with the pre-filing conference of counsel required by L.R. 37-1.
- Second, if the parties conclude that they have reached an impasse, within one business day of the last meet-and-confer session, the movant must e-mail the Court at CTS_chambers@cacd.uscourts.gov seeking a conference with the Court via Zoom to discuss the discovery dispute. The e-mail must include the following:
i. Three separate proposed dates and times mutually agreed upon by the parties for the conference;
ii. The discovery cut-off date;
iii. A neutral statement of each issue in dispute;
iv. A brief description of each party’s position on each issue in dispute. Each party’s description should be no more than three sentences per dispute and may include citations to pertinent authority.
v. If applicable, the discovery requests and responses at issue. The movant must copy counsel for all parties on the email.
- Third, no discovery motion may be filed until the Court has conducted a pre-motion conference via Zoom unless the movant has obtained leave of Court sought by an ex parte application. The Court may strike any discovery motion filed in violation of this procedure.
3. Under Seal Procedures: In civil cases, parties seeking to file documents under seal must comply with L.R. 79-5.2. Because documents filed under seal are visible on CM/ECF or Pacer to only the filing party and Court personnel, a party electronically filing a document under seal may not rely on the Court's CM/ECF system to effect service as provided in L.R. 5-3 2.1. Documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Documents filed electronically under seal must be accompanied by either a Proof of Service in the form required by L.R. 5-3 1.2 or a declaration explaining why service is not required. The submission of documents for in camera review is governed by L.R. 79-6.
Criminal Procedures
\r\n\r\n\r\n1.\tDocument Duty E-Filing Requirements. Federal law enforcement agents and the United States Attorney's Office are encouraged to advise the Courtroom Deputy Clerk in advance of the anticipated submission of warrants, criminal complaints and other applications for the Court's review. When documents are ready for review, the government will email documents, including any proposed orders in Microsoft Word, and the Magistrate Judge Conflict Memorandum, to the Judge's criminal duty mailbox: CTS_CrimDuty@cacd.uscourts.gov. Please note that this email address is for criminal document duty matters only and should not be used for any other purpose.
\r\n\r\n\r\n2.\tAll warrants/criminal complaints will be attested by telephone pursuant to Rule 4.1 of the Federal Rules of Criminal Procedure. Please contact the Courtroom Deputy Clerk with further questions.
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