Honorable David T. Bristow

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Magistrate Judge
George E. Brown, Jr. Federal Buildng & United States Courthouse, 3470 12th Street, 3rd Floor, Courtroom 4, Riverside, CA 92501​​​


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Recording, copying, photographing and rebroadcasting of court proceedings is prohibited by federal law. A violation of this prohibition may result in sanctions, including suspension of your license to practice before this court, referral to the state bar, denial of the right to appear by video or telephonically at future proceedings, criminal prosecution, contempt, denial of admission to future hearings, and any other sanctions deemed necessary by the Court.

Law and Motion Schedule: 
  1. Civil motions are heard on Thursdays at 10:00 a.m. Discovery Motions must first comply with the Judge’s Pre-Motion Video Conference requirements prior to filing a discovery motion. (If Thursday is holiday, the next motion date is the following Thursday.) Alternative dates and times may be scheduled by the Court after consultation with counsel. It is not necessary to clear a civil motion date with the Courtroom Deputy Clerk (CRD) prior to filing the motion unless it is a discovery dispute. The Court may take any motion under submission without oral argument.  See Local Rule 7-15.
  2. Criminal motions are heard on Criminal Duty Days or as set by the Court. The parties shall contact the CRD to schedule all motions in criminal cases.
  3. Discovery Motions: Strict compliance with Local Rule 37 is required. Discovery matters are to be scheduled before the Magistrate Judge only if referred by the District Judge. Counsel are advised to review the assigned District Judge's procedures and standing orders before presenting any discovery motions to the Magistrate Judge.  Prior to filing a discovery motion, an informal discovery conference before the Magistrate Judge must be held. Counsel are to follow the Judge Bristow's Pre-Motion Discovery Dispute Conference requirements prior to filing a discovery motion and for the scheduling of such. See Procedure No. 4.
  4. Pre-Motion Discovery Dispute Conference (By Video):  In the Court’s experience, discovery disputes may often be resolved without the need of formal motion papers. In order to facilitate the just and expedient resolution of discovery matters and to conserve the parties’ and the Court’s resources, the parties must adhere to the following procedure. This procedure does not apply to ex parte applications where a party to the discovery dispute is in custody.  First, as Local Civil Rule 37-1 requires, the parties must meet and confer in an attempt to resolve any discovery disputes.  Once the parties have determined that they have reached an impasse, within twenty-four hours of the last conference, or as soon thereafter as practical, the movant must e-mail [email protected] (link sends e-mail) seeking a video conference with the Court to discuss the discovery dispute. The e-mail must include:  (1) a neutral statement of the dispute; (2) one paragraph describing (not arguing) each parties’ position; and (3) at least three proposed dates mutually agreed by the parties for the video conference.  The movant must copy opposing counsel on the e-mail.  Discovery Motion(s) shall not be filed with the Court until the Court has conducted its pre-motion conference. The Court may strike any filed discovery motion(s) in violation of this rule or failure to comply with Local Civil Rule 37-1. The Court may take any motion under submission without oral argument. See Local Rule 7-15.
  5. Tentative Rulings: If there is a tentative ruling, it will be provided to counsel at the time counsel checks in with the CRD.
Judge's Procedures: 

  1. Mandatory Chambers Copies: Mandatory Chambers Copies of all e-filed documents shall be delivered to the courtesy copy box on the 3rd Floor. It is imperative that mandatory chambers copies be delivered in a timely fashion as required by General Order 08-11.IV.D. Failure to deliver timely mandatory chambers copies may result in a delay in hearing a motion or ordering the matter off calendar. Electronic copies of proposed orders shall be emailed to the Court at [email protected] (link sends email).  Proposed orders shall be in .pdf format or Microsoft Word format.
  2. Ex Parte Applications: Strict compliance with Local Rule 7-19 is required. Any opposition should be served and filed within 24 hours of applicant’s oral notice. Conformed paper copies of the filed application and any opposition should be electronically sent to chamber's email box. Ex parte applications will ordinarily be decided on the papers without oral argument. The Court will notify the parties if it desires a hearing. Please note that, absent an emergency, ex parte applications are not an acceptable method of bringing a discovery dispute to the attention of the Court. Ex parte applications shall identify in the caption whether “OPPOSED” or “UNOPPOSED” and shall also identify in the caption whether the relief being sought has been previously sought via ex parte application (e.g. “FIRST ex parte application for extension of time,” “SECOND ex parte application for extension of time”).
  3. Continuances: To request a continuance of any scheduled hearing, the parties should submit a signed stipulation and proposed order at least three court days prior to the scheduled hearing. If it is necessary to file an ex parte application to request a continuance, the application must set forth opposing counsel’s position.  In addition, the parties shall notify the CRD as soon as the need to reschedule a hearing is discovered.
  4. Extension Requests: Requests to extend any scheduled filing date (either by ex parte application or stipulation) shall be filed no later than three (3) days prior to the scheduled date. Extensions are not allowed absent permission of the Court given on showing of good cause.
  5. Telephonic Video Appearances: Any party who wishes to appear at a hearing by telephone shall make such a request at least two court days before the hearing.  Telephonic appearances are not allowed absent permission of the Court given on showing of good cause.  Telephonic video appearances at an initial scheduling conference and final pretrial conference are not allowed.
  6. Calendar Conflicts: The parties are to advise the CRD in advance about any calendar conflict and attempt to stipulation to an alternative date and time with opposing counsel. The alternative date and time should be cleared in advance with the CRD.
  7. Communication with the Court: Inquiries regarding the status of a motion, stipulation or proposed order should be made by checking the docket.  If the information is unavailable, counsel may contact the CRD.  Also, please refer to Local Rule 83-2.5.  Counsel are not allowed to contact the Judge's law clerk or secretary, or to communicate with the Court or Chambers by means of the Court's email address other than to email proposed orders.
  8. Electronic Devices: Counsel should contact the CRD regarding procedures for using or bringing electronic equipment  into the courtroom.  To request information regarding ELMO (reservations and/or training), visit the court's website at www.cacd.uscourts.gov under Courtroom
    Technology    . Alternatively, you may contact the Courtroom Technology Help Desk at 213-894-3061.
  9. Transcripts: For general information on how to order a transcript of any reported or digitally recorded proceeding, please contact 213-894-3015 or visit the court website (www.cacd.uscourts.gov) section referring to Court Reporter/Recorder Transcripts, located under “Clerk Services”. If you require an estimate of cost for the preparation of 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 View by Date. Once you've determined the correct court reporter/recorder for the desired session, click on Court Reporter Phone and Email List​ for contact information.
  10. Interpreters: It is the responsibility of the parties to obtain the services of an interpreter on a civil case if one is needed.  If the government is the moving party, contact the CRD.  All other parties may contact the Interpreter’s Section at 213-894-4599.
  11. Settlement Conferences: As soon as a case is ripe for settlement or at least 30 days prior to settlement completion deadlines pursuant to the District Judge's scheduling conference order, the parties should contact the CRD with three (3) stipulated proposed dates for a settlement conference.  The Court will review the proposed dates and issue its separate order upon confirmation of a scheduled date.  The Court requires all parties to appear in person at the settlement conference.  Counsel may review its proposed order for settlement requirements attached below.  Counsel are reminded that an Order/Referral to ADR before a Magistrate Judge must be filed prior to contacting the Courtroom Deputy Clerk to schedule a settlement conference.  All settlement conference papers should be emailed to [email protected] (link sends e-mail), provided that the total number of pages being emailed is 10 or less. If the documents cannot be emailed to the address above then the settlement conference papers should be in a sealed envelope and delivered directly to the magistrate judge’s chambers box located at 3470 Twelfth Street, 3rd Floor, Riverside, California. Please contact the CRD if physical delivery will be made.
  12. Stipulated Protective Orders: Parties frequently file stipulated protective orders that do not satisfy Rule 26 of the Federal Rules of Civil Procedure, the Ninth Circuit’s standards for protective orders, or the Local Rules of this Court.  For example, the Court may only enter a protective order upon a showing of good cause.  Kamakana v. City and Cnty. 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 shall be accompanied by an application, pursuant to Local Rule 79-5.1, to file the papers -- or the confidential portion thereof -- under seal. Also, in the event of a dispute regarding the designation of confidential information, the procedure for obtaining a decision from the Court is that set forth in Local Rule 37. An example of a stipulated protective order that satisfies these and other requirements is attached below. 
  13. Social Security Appeals: For any action filed on or after December 1, 2022, the parties must comply in full with the time limits set forth in the Supplemental Rules for Social Security Actions. The Court will entertain reasonable extension requests in appropriate circumstances -- particularly when the parties wish to engage in meaningful settlement discussions before final briefing and adjudication of the claims. Neither party’s opening briefing may exceed 15 pages in length, absent good cause for additional pages. Plaintiff’s reply brief, if any, may not exceed 5 pages in length.
  14. Extensions of Time for Social Security Cases: Whenever possible, a request for extension of time should be made in the form of a joint stipulation and proposed order. Pursuant to the Court's General Procedure No. 1, requests for extension of time must contain the new date(s) for all subsequent filing deadlines that are extended as a result.
  15. Criminal Duty Documents: The USAO shall submit all criminal duty documents to Judge Bristow's chambers via .pdf format to [email protected].  No hard copies of any duty documents shall be delivered to Chambers unless prior approval has been received.  Federal law enforcement agents and/or the U.S. Attorney's Office shall advise chambers in advance of the anticpated submission of criminal duty documents for the Court's review by emailing [email protected].  This email must include courtesy copies in .pdf format of all documents for the Court's review and the phone number and emaill address of the agent who will be scheduling an appointment to swear out affidavits related to the criminal matter. Once Chambers has reviewed the criminal duty documents submitted via email, Judge Bristow will contact the agent or office directly via email or telephone to schedule a telephonic swearing out of the documents. Once documents have been electronically signed, Chambers will send a signed, electronic courtesy copy of the documents to the USAO and agent or officer included on the original submission email. Chambers will then send electronic documents to the Court Clerk's office for docketing as usual.
  16. Pro Se Litigants: The Court's Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office http://www.cacd.uscourts.gov/news/electronic-document-submission-system-people-without-lawyers.  To access EDSS and for additional information, visit https://apps.cacd.uscourts.gov/edss.
    If you want to be able to access information about cases and to view documents filed in those cases online, you need to open an account with PACER (the “Public Access to Court Electronic Records” system), visit http://www.cacd.uscourts.gov/e-filing/electronic-filing-and-case-access-people-without-lawyers, for further details.
    If you require legal assistance, please contact the Public Counsel's Federal Pro Se Clinic for free assistance at (213) 385-2977, ext. 270, for more information, visit http://www.publiccounsel.org/featured?id=0003
  17. Law Clerks/Externs: For inquiries regarding law clerk positions, please visit http://oscar.uscourts.gov. For inquiries regarding extern positions, please communicate via letter to the Judge Bristow.