Honorable Kenly Kiya Kato

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District Judge

George E. Brown, Jr. United States Courthouse, 3470 12th Street, 3rd Floor, Courtroom 3, Riverside, CA 92501

Unless otherwise ordered, all court proceedings shall be held in person in Courtroom 3 of the George E. Brown, Jr. United States Courthouse.

Judge Kato's name is pronounced: Kah-toe.

Law and Motion Schedule: 

Civil motions are heard on Thursdays at 9:30 a.m.

Criminal motions are heard on Thursdays at 1:30 p.m.

(If Thursday is a court holiday, motions will be heard on the next Thursday.)

It is not necessary to clear a hearing date with the courtroom deputy clerk before filing a motion.  Counsel must check the “Closed Motion Dates” portion of the motion calendar.  If the motion date selected is not available, the Court will issue a minute order continuing the date. 

All hearings will be held in person unless the Court has granted prior approval.  Any request to appear remotely must be made no later than five days before the hearing date.

Judge's Procedures: 
  1. Pre-Filing Conference Requirement:  Counsel for the parties shall meet and confer pursuant to Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.”  The parties must discuss in real-time all issues to be raised in the motion, as well as the law and evidence relevant to those issues, so that the parties’ briefing reflects that they are fully cognizant of the other side’s position(s).  Letters and e-mail are insufficient to satisfy the prefiling conference requirements of Local Rule 7-3.  The notice of motion must include a statement of compliance with Local Rule 7-3.  The Court may strike or summarily deny a motion if counsel fails to adequately meet and confer in good faith.
  2. Courtesy Copies:  The Court does not require chambers copies of any motion papers or exhibits and discourages the parties from sending chambers courtesy copies, with the exception of motions for summary judgment and motions for class certification.  The Court requires (1) one mandatory chambers copy of any motion for summary judgment or motion for class certification and (2) one mandatory chambers copy of the overlength brief when the Court grants a party’s request for leave to file an overlength brief.  Chambers copies shall be delivered to Judge Kato’s “Mandatory Chambers Copies” box, located on the third floor of the George E. Brown Federal Building, 3470 Twelfth Street, Riverside, CA 92501.  A mandatory chambers copy must comply with Local Rule 11-3 (i.e. font size, page numbering, exhibit tabbing, etc.) but need not be blue-backed.  The mandatory chambers copy must be prominently labeled MANDATORY CHAMBERS COPY on the face page.  The mandatory chambers copy must include the NEF as the last page of the document.
  3. Proposed Orders:  Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge – at the time the moving or opposition papers are filed – a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.  In addition, a copy of the proposed order in Word format shall be e-mailed to chambers at [email protected] on the day the document is e-filed.
  4. Discovery Motions:  All discovery matters have been referred to the assigned magistrate judge, who will hear all discovery disputes.  The magistrate judge’s initials follow the district judge’s initials next to the case number.  All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel are directed to review the magistrate judge’s Procedures and Schedules on the Central District’s website to schedule discovery matters for hearing.
  5. Ex Parte Applications:  Counsel are reminded that ex parte applications are solely for extraordinary relief and are discouraged.  Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 488 (C.D. Cal. 1995).  A party seeking ex parte relief must show: (1) “the moving party’s case will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures”; and (2) “the moving party is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect.”  Id. at 490.  Applications that do not meet the requirements set forth in Local Rule 7-19 will not be considered.  In addition, sanctions may be imposed for misuse of ex parte applications.  The Court considers ex parte applications on the papers and will typically not set these matters for hearing.
  6. Continuances or Extensions of Time:  Counsel must submit any request for a continuance or extension of time no later than five (5) court days prior to the expiration of the scheduled date.  The caption of any request for a continuance or extension of time shall indicate how many previous extensions have been requested, e.g. First, Second, Third, etc. Request for Extension.  Requests for continuances will not be granted routinely.
  7. Interpreter Services:  Counsel in civil actions are responsible for arranging for the services of an interpreter.  The Interpreter’s Office may be reached at (213) 894-4599.
  8. 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 Reporting Services, 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.
  9. Communications with Chambers:  Counsel must not attempt to contact the Court or its Chambers staff by telephone or by any other ex parte means unless contact has been first initiated by Chambers staff.  Counsel may contact the courtroom deputy clerk with appropriate inquiries.  The preferred method of communication with the courtroom deputy clerk is through the Court’s chambers email address at [email protected].   All counsel shall be included on any communications with the courtroom deputy clerk.  In addition, to facilitate communication with the courtroom deputy clerk, counsel should list their email addresses along with their telephone numbers on all papers.
  10. Application Inquiries:  For inquiries regarding law clerk positions, please visit https://oscar.uscourts.gov  or email application materials to [email protected].  For inquiries regarding summer extern positions, please email application materials, including a cover letter, resume, law school transcript, writing sample, and list of references, to [email protected].