United States District Court, Central District of California

Local Rules

Rule Name:Chapter:Last Revised:
F.R.Civ.P. 16. Pretrial Conferences; Scheduling; Management (Effective 1/1/10)Chapter I: Local Civil Rules, Integrated with Titles of Federal Rules of Civil Procedure01/2010

F.R.Civ.P. 16. Pretrial Conferences; Scheduling; Management1

L.R. 16-1 Applicability. All civil actions or proceedings (including Admiralty) shall be pre-tried pursuant to F.R.Civ.P. 16 unless exempted by this rule or expressly waived in whole or in part by order of the Court.

L.R. 16-2 Meeting of Counsel Before Final Pretrial Conference. At least forty (40) days before the date set for the Final Pretrial Conference, lead trial counsel for the parties shall meet in person and shall accomplish the following:

L.R. 16-2.1 Subject Matter Jurisdiction. The parties shall assure themselves that this Court has jurisdiction of the subject matter. If any party questions the existence of subject matter jurisdiction, that party shall raise the issue by motion to be heard prior to the Final Pretrial Conference.

L.R. 16-2.2 Stipulation to Facts. The parties shall make every effort to stipulate to facts upon which the parties know or have reason to know there can be no dispute. A stipulation to the existence of a fact does not, unless expressly stated, stipulate to its admissibility in evidence.

L.R. 16-2.3 Disclosure of Exhibits.2 The parties shall disclose all exhibits to be used at trial other than those contemplated to be used solely for impeachment, as set forth in F.R.Civ.P. 26(a)(3)(A)(iii). The disclosures of exhibits shall be filed with the Court as provided in L.R. 16-6. Exhibits shall be marked in accordance with the procedures set forth in L.R. 26-3.

L.R. 16-2.4 Disclosure of Witnesses.3 The parties shall disclose the information required by F.R.Civ.P. 26(a)(3)(A)(i) and (ii) as to witnesses (including expert witnesses) to be called at trial other than those contemplated to be used solely for impeachment. The information shall be filed with the Court as provided in L.R. 16-5.

L.R. 16-2.5 Expert Witnesses. The parties shall discuss the status of expert witness designations, expert witnesses, and any issues concerning experts to be raised at the Final Pretrial Conference.

L.R. 16-2.6 Evidentiary Matters. The parties shall attempt to resolve any objections to the admission of testimony, documents, or other evidence.

L.R. 16-2.7 Depositions. Each party intending to present any evidence by way of deposition testimony shall:

(a) Identify on the original transcript the testimony the party intends to offer by bracketing the questions and answers in the margins. The opposing party shall likewise countermark any testimony that it plans to offer. The parties shall agree between themselves on a separate color to be used by each party which shall be consistently used by that party for all depositions offered in the case.

(b) Identify any objections to the proffered evidence in the margins of the deposition by briefly stating the ground for the objection.

(c) At the time of lodging under L.R. 32-1, also serve and file an index of the portions of the deposition offered, stating the pages and lines offered, objections, and the grounds for the objections.


L.R. 16-2.8 Contentions of Law and Fact. Each party shall disclose to every other party which of the party’s pleaded claims and defenses the party plans to pursue, together with the party’s contentions regarding the applicable facts and law.

L.R. 16-2.9 Settlement. The parties shall exhaust all possibilities of settlement.

L.R. 16-3 Disclosure of Graphic and Illustrative Material. If not already disclosed as a part of the exhibits in accordance with L.R. 16-2.3, the parties shall disclose copies of all graphic or illustrative material to be shown the trier of fact as illustrating the testimony of a witness at least eleven (11) days before trial. Graphic or illustrative material not so disclosed may not be used at trial except by order of the Court on a finding of good cause for the failure to disclose.

L.R. 16-4 Memorandum of Contentions of Fact and Law. Not later than twenty-one (21) days before the Final Pretrial Conference, each party shall serve and file a Memorandum of Contentions of Fact and Law. The Memorandum shall include the following parts:

L.R. 16-4.1 Claims and Defenses . The Memorandum shall contain:

(a) A summary statement of the claims Plaintiff has pleaded and plans to pursue. For example:

Claim 1: Defendant A breached his contract with Plaintiff;

Claim 2: Defendant A violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

(b) The elements required to establish Plaintiff’s claims. The elements shall be listed separately for each claim, as found in standard jury instructions or case law. For example:

Elements Required to Establish Plaintiff’s Claim for Violation of the
Americans with Disabilities Act

  1. Plaintiff has a disability within the meaning of the Americans with Disabilities Act;

  2. Plaintiff was a qualified individual; and

  3. Plaintiff’s disability was a motivating factor in the decision not to hire Plaintiff.


  4. See Ninth Circuit Manual of Model Jury Instructions: Civil § 15.2 (2004).

(c) In Plaintiff’s Memorandum, a brief description of the key evidence in support of each of the claims. In Defendant’s Memorandum, a brief description of the key evidence in opposition to each of the claims. The evidence should be listed separately for each claim.

(d) A summary statement of the counterclaims and affirmative defenses Defendant has pleaded and plans to pursue. For example:

    Counterclaim 1: Plaintiff conspired with Third Party Defendant C to violate the Sherman Antitrust Act, 15 U.S.C. § 1;

    Counterclaim 2: Plaintiff breached his fiduciary duty to Defendant.

    First Affirmative Defense: Plaintiff’s claim for breach of contract is barred by the four-year statute of limitations found in Cal. Civ. Proc. Code § 337.

    Second Affirmative Defense: Under the doctrine of res judicata, Plaintiff’s Complaint is barred by the final judgment entered in Plaintiff v. Smith, Los Angeles Superior Court Case No. 123456 (Judgment entered February 10, 1998).

    Third Affirmative Defense: Defendant’s decision not to hire Plaintiff was justified by business necessity.


(e) The elements required to establish Defendant’s counterclaims and affirmative defenses. The elements shall be listed separately for each claim, as found, for example, in standard jury instructions or case law. For example:

Elements Required to Establish Defendant’s Affirmative Defense
of Business Necessity

  1. The criterion by which the hiring decision was made was uniformly applied;

  2. The criterion by which the hiring decision was made is job-related;

  3. The criterion by which the hiring decision was made is consistent with business necessity;

  4. The criterion cannot be met by a person with Plaintiff’s disability, even with a reasonable accommodation.


  5. See Ninth Circuit Manual of Model Jury Instructions: Civil § 15.11 (2004).

(f) In Defendant’s Memorandum, a brief description of the key evidence relied on in support of each counterclaim and affirmative defense. In Plaintiff’s Memorandum, a brief description of the key evidence relied on in opposition to each counterclaim and affirmative defense. The evidence should be listed separately for each element of each counterclaim and affirmative defense.

(g) Similar statements for all third parties.

(h) Identification of any anticipated evidentiary issues, together with the party’s position on those issues; and

(i) Identification of any issues of law, such as the proper interpretation of a governing statute, which are germane to the case, together with the party’s position on those issues.

L.R. 16-4.2 [Abrogated] .

L.R. 16-4.3 Bifurcation of Issues . The Memorandum shall contain any request for bifurcation of issues and an explanation for the request.

L.R. 16-4.4 Jury Trial . The Memorandum shall state whether any issues are triable to a jury as a matter of right and, if so, whether a timely demand for jury has been made, or whether the matter will be tried to the Court (F.R.Civ.P. 38, L.R. 38-1). If less than all issues are triable to a jury, the issues triable to a jury and to the Court shall be listed separately, with appropriate citation of authorities.

L.R. 16-4.5 Attorneys’ Fees . If a party claims that attorneys’ fees are recoverable, the Memorandum shall discuss the factual and legal basis of such claim.

L.R. 16-4.6 Abandonment of Issues . The Memorandum shall identify any pleaded claims or affirmative defenses which have been abandoned.

L.R. 16-5 Witness List.4 Each party shall serve and file under separate cover, at the same time as the Memorandum of Contentions of Fact and Law, a witness list containing the information required by F.R.Civ.P. 26(a)(3)(A). An asterisk shall be placed next to the names of those witnesses whom the party may call only if the need arises. Any objections to the use under F.R.Civ.P. 32 of a deposition designated under F.R.Civ.P. 26(a)(3)(A) shall be stated in the Final Pretrial Conference Order.

L.R. 16-6 Exhibits.

L.R. 16-6.1 Joint Exhibit List. 5 Not later than twenty-one (21) days before the Final Pretrial Conference, all parties shall file a joint list of exhibits containing the information required by F.R.Civ.P. 26(a)(3)(A)(iii). The exhibits shall be listed in numerical order. When an exhibit has been numbered at a deposition, the same number shall be used for that exhibit at trial. If an exhibit has not been marked at a deposition, it shall be given the appropriate number in accordance with the requirements of L.R. 26-3. It is recognized that not all exhibits marked at depositions may be offered at trial so that there may be gaps in the numerical sequence on the exhibit list. An asterisk shall be placed next to the exhibits which a party may offer only if the need arises.

The exhibit list shall be substantially in the form indicated by the following example:


Case Title: _____________________ Case No.: ______________________

No. of ExhibitDescriptionDate IdentifiedDate Admitted
3

1/30/80 letter from Doe to Roe

105

$500 check dated 2/3/82 drawn on Roe payable to Doe

1002*Handwritten notes dated 1/16/80

[* An asterisk shall be placed next to the exhibits which a party may offer if the need arises.]

L.R. 16-6.2. Enlarged Copies of Exhibits . At trial, an enlarged copy of an exhibit may be used with the original exhibit. The enlarged copy shall be given the same number as the original exhibit, with a subdesignation (e.g., Exh. 24A) and shall be returned to counsel by the Clerk at the conclusion of the trial.

L.R. 16-6.3 Objections to Exhibits.6 The list of objections required by F.R.Civ.P. 26(a)(3)(B) shall be included in the proposed Final Pretrial Conference Order. The grounds for all objections shall be stated separately as to each exhibit.

L.R. 16-6.4 Marking of Exhibits for Trial . Counsel shall prepare official exhibit tags to be placed on all exhibits for trial. These exhibit tags may be obtained from the Clerk.

L.R. 16-7 Final Pretrial Conference Order . A Final Pretrial Conference Order shall be prepared by plaintiff’s counsel and signed by all counsel. It is the duty of all counsel to cooperate with plaintiff’s counsel in the preparation and submission of the Final Pretrial Conference Order as required by this rule. Failure of counsel to comply shall subject counsel to the sanctions provided by L.R. 83-7 and 28 U.S.C. § 1927.

L.R. 16-7.1 Lodging . Plaintiff shall lodge the Final Pretrial Conference Order with the Clerk eleven (11) days before the date set for the Final Pretrial Conference.

L.R. 16-7.2 Form . The Final Pretrial Conference Order shall be substantially in the form shown in Pretrial Form No. 1 set forth in Appendix A to these Local Rules.

L.R. 16-8 Final Pretrial Conference . Each party appearing at the Final Pretrial Conference shall be represented by the attorney (or the party, if appearing pro se) who is then contemplated to have charge of the conduct of the trial on behalf of such party. At the Final Pretrial Conference the Court will consider:

L.R. 16-8.1 Unserved Parties . Any party not theretofore dismissed who is unserved at the time of the Final Pretrial Conference will be dismissed from the action without prejudice.

L.R. 16-8.2 Other Matters . Any matter arising from the Memorandums of Contentions of Fact and Law, Witness or Joint Exhibit Lists, Proposed Final Pretrial Conference Order, or other matter which needs to be addressed.

L.R. 16-8.3 Setting of Trial Date . The Court expects that at the Final Pretrial Conference the parties will then be ready to proceed to trial. If not previously set, the trial date shall be set at the earliest date permitted by the Court’s calendar.

L.R. 16-9 Continuances . No continuance of the Final Pretrial Conference shall be granted merely on the stipulation of the parties. If the Court is satisfied that counsel are preparing the case diligently and that additional time is required to comply with this rule, the Final Pretrial Conference may be continued upon submission of a timely stipulation signed by all counsel setting forth the reasons for the requested continuance. The stipulation also shall describe what has been accomplished in preparing the case for the Final Pretrial Conference. No continuance of the Final Pretrial Conference will be granted unless the stipulation has been lodged before the date upon which the Final Pretrial Conference Order must be lodged with the Court. Counsel shall inform the Clerk immediately by telephone or other expeditious means when a stipulation is to be submitted for continuance of the Final Pretrial Conference.

A motion for continuance of the Final Pretrial Conference may be noticed upon five (5) days’ notice to be heard not later than the last Motion Day before the date for which the Final Pretrial Conference has been set.

L.R. 16-10 Trial Brief . Unless the Court otherwise orders, at least seven (7) days before trial is scheduled to commence, each party may serve and file a trial brief which may:

(a) Update the Memorandum of Contentions of Fact and Law by citing newly decided cases;

(b) Brief such issues as directed by the Court; and

(c) Reply to the Memorandum of Contentions of Fact and Law of any other party.

L.R. 16-11 Waiver of Pretrial . In their report to the Court pursuant to F.R.Civ.P. 26(f), the parties may suggest to the Court that the matter should not be subject to the pretrial procedures in L.R. 16-2 through 16-10, and may request a waiver of those procedures. The report shall explain why counsel request the waiver.

L.R. 16-11.1 Procedure on Waiver . If the Court agrees that the case should not be subject to L.R. 16-2 through 16-10, the Court shall so indicate in its scheduling order entered under F.R.Civ.P. 16(b).

L.R. 16-11.2 Preparation for Trial . When the Court has granted a waiver of L.R. 16-2 through 16-10, the lead trial attorneys for the parties shall meet thirty (30) days before the date set for commencement of the trial and each party shall file not less than fourteen (14) days before the date set for commencement of the trial:

(a) A succinct statement of the factual and legal issues;

(b) Unless otherwise ordered by the Court, in non-jury cases, the direct testimony of all witnesses reasonably available to the party, in declaration or narrative form, who shall be subject to cross examination at trial by the opposing party as provided in L.R. 43-1;

(c) A witness list;

(d) An exhibit list;

(e) Depositions to be used at trial marked as required by L.R. 16-2.7; and

(f) A trial brief which provides the theory of the case and statutory or precedential support for the theory together with any unusual evidentiary or legal questions which may be anticipated at trial.

L.R. 16-11.3 Guideline for Granting Waiver . Unless otherwise ordered by the Court, waiver of L.R. 16-2 through 16-10 shall apply only to cases that are realistically estimated to consume no more than two (2) trial days.

L.R. 16-12 Exemptions.7 In the following categories of cases, the Court need not issue a scheduling order or hold a Final Pretrial Conference under F.R.Civ.P. 16:

(a) Petitions filed under 28 U.S.C. §§ 2241 et seq., or their functional equivalents;

(b) Actions for judicial review of a decision by the Commissioner of Social Security under 42 U.S.C. § 405(g);

(c) Any case in which the plaintiff is appearing pro se, is in custody, and is not an attorney;

(d) Any case removed to this Court from the small claims division of a state court;

(e) Appeals from the bankruptcy court;

(f) Extradition cases;

(g) Actions to enforce or quash an administrative summons or subpoena; and

(h) Actions by the United States to collect on a student loan guaranteed by the United States.

L.R. 16-13 Representation at Conferences . Each party appearing at any Scheduling or Pretrial Conference held under F.R.Civ.P. 16 shall be represented by the attorney (or the party if appearing pro se) who is then contemplated to have charge of the conduct of the trial on behalf of such party.

L.R. 16-14 Modification of Scheduling Orders and Pretrial Orders . Any application to modify an order entered pursuant to F.R.Civ.P. 16 shall be made to the judicial officer who entered the order.

L.R. 16-15 Policy Re Settlement . It is the policy of the Court to encourage disposition of civil litigation by settlement when such is in the best interest of the parties. The Court favors any reasonable means to accomplish this goal. Nothing in this rule shall be construed to the contrary. The parties are urged first to discuss and to attempt to reach settlement among themselves without resort to these procedures. It is also the policy of the Court that unless an alternative settlement procedure is selected by the parties, the judge assigned to preside over the civil case (the trial judge) may participate in facilitating settlement.

L.R. 16-15.1 Proceedings Mandatory . Unless exempted by the trial judge, the parties in each civil case shall participate in one of the settlement procedures set forth in this rule or as otherwise approved by the trial judge.

L.R. 16-15.2 Time for Proceedings . Except as otherwise ordered by the Court, a Notice of Settlement Procedure Selection, signed by counsel for both sides, shall be filed not later than fourteen (14) days after entry of the scheduling order under F.R.Civ.P. 16(b). Unless otherwise ordered, no later than forty-five (45) days before the Final Pretrial Conference, the parties shall participate in the settlement procedures selected by the Court.

L.R. 16-15.3 Court-Ordered Proceedings . If the parties do not file a timely Notice of Settlement Procedure Selection, the trial judge may order the parties to participate in any of the settlement procedures set forth in this rule.

L.R. 16-15.4 Suggested Settlement Procedures

SETTLEMENT PROCEDURE NO. 1 - The parties shall appear before the district judge or magistrate judge assigned to the case for such settlement proceedings as the judge may conduct or direct.

SETTLEMENT PROCEDURE NO. 2 - The parties shall appear before an attorney selected from the Attorney Settlement Officer Panel or before an attorney appointed by the trial judge for settlement proceedings.

SETTLEMENT PROCEDURE NO. 3 - The parties shall participate in a non-judicial dispute resolution proceeding.

L.R. 16-15.5 Requirements for Settlement Procedures.8 Regardless of the settlement procedure selected, the following requirements shall apply unless otherwise ordered by the trial judge or the settlement officer:

(a) STATEMENT OF CASE - The parties shall submit in writing to the settlement officer, in camera (but not file), a confidential settlement statement (not to exceed five (5) pages) setting forth the party’s statement of the case and the party’s settlement position, including the last offer or demand made by that party and a separate statement of the offer or demand the party is prepared to make at the settlement conference. This confidential settlement statement shall be delivered to the settlement officer, at least five (5) days before the date of the conference.

(b) APPEARANCE BY PARTY - Each party shall appear at the settlement proceeding in person or by a representative with full authority to settle the case, which in the case of lawsuits brought against the United States or any of its agencies as a party, shall involve the attendance of an attorney charged with responsibility for the conduct of the case and who has final settlement authority as provided by his or her superiors. A corporation or other non-governmental entity satisfies this attendance requirement if represented by a person (other than in-house or outside counsel) who has final settlement authority and who is knowledgeable about the facts of the case. At the discretion of the settlement officer, and only with the settlement officer’s express authorization, parties residing outside the District may have a representative with final settlement authority available by telephone during the entire proceeding, in lieu of personal appearance.

(c) APPEARANCE BY LEAD TRIAL ATTORNEY - Each party shall be represented at the settlement proceeding by the attorney who is expected to try the case, unless excused by the settlement officer.

(d) PREPARATION BY PARTY - Each party shall have made a thorough analysis of the case prior to the settlement proceeding and shall be fully prepared to discuss all economic and non-economic factors relevant to a full and final settlement of the case.

L.R. 16-15.6 Optional Requirements for Settlement Procedures . Without limitation, the settlement officer may require any of the following procedures in any settlement proceeding:

(a) An opening statement by each counsel.

(b) With the agreement of the parties, a “summary” or “mini-trial,” tried either to the settlement officer or to a mock jury.

(c) Presentation of the testimony, summary of testimony or report of expert witnesses.

(d) A closing argument by each counsel.

(e) Any combination of the foregoing.

L.R. 16-15.7 Report of Settlement . If a settlement is reached it shall be (a) reported immediately to the trial judge’s courtroom deputy clerk; and (b) timely memorialized.

L.R. 16-15.8 Confidentiality of Proceedings . All settlement proceedings shall be confidential. No part of a settlement proceeding shall be reported, or otherwise recorded, without the consent of the parties, except for any memorialization of a settlement and the Clerk’s minutes of the proceeding.

L.R. 16-15.9 Rule Non-Exclusive . Nothing in this rule shall preclude or replace any settlement practice used by any judge or magistrate judge of the Court. The provisions of this rule are not exclusive and nothing in this rule shall preclude any judge or magistrate judge of the Court from dispensing with any provision of this rule as to any case or category of cases, as the judge, in his or her discretion, determines to be appropriate.


1(16 et seq. amended, effective 12/1/06)
2(16-2.3 amended, effective 6/1/09)
3(16-2.4 amended, effective 6/1/09)
4(16-5 amended, effective 1/1/10)
5(16-6.1 amended, effective 6/1/09)
6(16-6.3 amended, effective 1/1/10)
7(16-12 amended, effective 1/1/10)
8(16-15.5(b) amended, effective 1/1/10)