Honorable Alka Sagar
Roybal Federal Building and United States Courthouse, 255 E. Temple St., Los Angeles, CA, 90012, Courtroom 540
- Unless otherwise directed by the Court, civil motions shall be heard on Tuesdays and Thursdays at 10:00 a.m. It is not necessary to clear a civil motion hearing date with the Court prior to filing a motion; however, counsel shall check the Closed Motion Dates before filing a motion. The Court may continue a motion sua sponte or take a motion under submission without oral argument. See Local Civil Rule 7-15. The parties are reminded of their obligation under Local Civil Rule 7-3, if applicable, to meet and confer about the subject of a motion at least 7 days before filing.
- If any party is in federal or state custody and is proceeding pro se, the pro se moving party shall file the motion without requesting a hearing date, and the Court will determine whether a hearing is necessary.
- Discovery motions shall be filed with the Clerk not later than twenty-eight days (28) before the date set for hearing. See Local Civil Rule 6.
- Counsel is advised to review the procedures and standing orders of the assigned District Judge before filing any discovery motion. Strict compliance with Local Civil Rule 37 is required. The Court may take any motion under submission without oral argument. See Local Civil Rule 7-15. Counsel should be mindful that the Magistrate Judge may not alter discovery cut-off deadlines set by the assigned District Judge.
- The Court encourages the parties to avail themselves of the Court's Informal Discovery Dispute Resolution process set forth below.
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.
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GENERAL PROCEDURES
- The parties are not allowed to contact or communicate with the judge or law clerks in any manner without express authorization from the Court. Letters to chambers are strictly forbidden and may lead to sanctions against the offending party as provided under the Local Rules.
- Requests to reschedule a hearing, conference, or other proceeding must be electronically filed with the Court. The parties must contact the Courtroom Deputy Clerk as soon as the need to reschedule a proceeding is discovered. Consistent with local federal practice, no lawyer should ever file a "Notice of Unavailability" or similar document. That is not an acceptable method to reschedule a court event or avoid a court appearance.
- 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's website at the section regarding Court Reporter/Recorder Transcripts. If you require an estimate of cost for the preparation of a transcript, contact the court reporter/recorder for the desired proceeding.
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CIVIL PROCEDURES
- Consent Calendar: Civil parties may consent to Judge Sagar for all proceedings, including trial and entry of judgment, under the Voluntary Consent Program or the Direct Assignment Program. For optimal case management, parties should contact the Court's Courtroom Deputy Clerk as soon as practicable to secure the earliest mutually agreeable dates on the Court's consent calendar. There are no adverse substantive consequences for declining to consent.
- Informal Discovery Dispute Resolution: With the agreement of the parties, the Court may in its discretion conduct informal telephonic conferences to resolve discovery disputes outside the formal Local Civil Rule 37 procedures. The Court finds the informal discovery dispute resolution process useful and efficient to address a discrete dispute, scheduling issues, or recalcitrant misconduct in discovery. An Informal Discovery Conference is not a substitute for a fully briefed motion pursuant to Local Civil Rule 37. The purpose of an Informal Discovery Conference is to resolve a discovery dispute that can be addressed by the Court after reviewing each party’s brief, succinct position on the nature of the dispute, and the relief that they are seeking. Before any such telephonic conference, however, 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 Local Civil Rule 37-1. If after two meet-and-confer attempts, the parties reach an impasse and agree to an informal telephonic conference with the Court, in lieu of filing a motion pursuant to Local Civil Rule 37, the moving party should email (with a cc to the opposing party) the completed form entitled "Request for Informal Discovery Conference" (available for download below), to the Courtroom Deputy Clerk at [email protected] and provide the Clerk with the following information: (a) at least three proposed dates and times, agreeable to the parties, for the telephonic conference; (b) a brief, neutral statement of the discovery dispute (limited to no more than 1-2 paragraphs) and the specific relief requested; (c) a brief summary of the parties' respective positions (limited to no more than 5 pages per party); and (d) the two dates of the parties’ meet-and-confer efforts to resolve the dispute without Court intervention. Any attachments should be limited to no more than 25 pages per party. If the parties would like the Court to consider documents filed on the docket, they may refer to them by Docket Number. If the parties’ brief statement and attachments is over 25 pages, a courtesy copy must be delivered to Judge Sagar’s drop box outside suite 1200 (12th floor) – Roybal Clerk’s Office - no later than noon following the date of the e-mail. Failure to deliver timely mandatory chambers copies may result in a delay in hearing a motion. After its review of the email request, the Court will schedule the telephonic conference if appropriate or advise the parties to proceed by motion under Local Civil Rule 37-2.
- Discovery Motions: The Court recognizes that Local Civil Rule 37-2.1 exempts discovery motions from the 25-page limit applicable to most briefs. The Court finds little value, though, in reviewing oversize joint submissions that consist of repetitive recitations of the challenged discovery and the parties' legal positions. For any motion that the parties reasonably believe will exceed 50 pages, they should present the challenged discovery in an appendix attached immediately behind their joint brief. The parties may also refer the Court to the first iteration of their mutual positions (e.g., "See Section 1.a") rather than cutting and pasting those statements ad infinitum in their memorandum. 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. There are other variations as well. 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.
- Joint Motion for Stipulated Protective Orders: All stipulated protective orders must be titled JOINT MOTION FOR STIPULATED PROTECTIVE ORDER and must comply with Rule 26 and the Ninth Circuit's standards for protective orders. All proposed protective orders must describe the documents to be protected with particularity. See Rivera v. Nibco Inc., 364 F.3d 1057, 1063 n. 3 (9th Cir. 2004). Therefore, the documents, information, items, or materials that are subject to the protective order shall be described in a meaningful fashion (for example, "personnel records," or "market surveys," etc.). It is not sufficient to use only conclusory terms such as "confidential or proprietary information." All proposed protective orders must include a statement establishing the requisite good cause. Foltz v. State Farm Mutual Auto Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003) (court's protective order analysis requires examination of good cause) (citing Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002)). The Court may only enter a protective order 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) for court to enter protective order); Maker-Wellbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis.,1999) (even stipulated protective orders require good cause showing). It is mandatory that parties submitting a stipulated protective order for the court’s approval file a single document entitled Joint Motion for Stipulated Protective Order based on the model protective order that is available for download below and email a copy in WordPerfect or Microsoft Word to the Court at [email protected]. It is not necessary to file a separate Proposed Protective Order. The parties must also provide a red-lined version of the proposed Stipulated Protective Order to the Court to highlight all differences between the submitted order and the model order. The red-lined version of the Proposed Joint Motion for Stipulated Protective Order should be emailed to chambers and NOT be filed on the docket. The parties shall file the document utilizing the following events: Civil Motions -> Motions and Related Filings -> Discovery Motions -> Protective Order.
- Petitions for Guardian ad Litem: Parties should take note that Judge Sagar will not approve a petition to appoint a Guardian ad Litem (“GAL”) if the proposed GAL is also a named plaintiff or party to the action. Such a situation presents the immediate appearance of, and potential for actual, conflict of interest. In addition, a separate Proposed Order document must be submitted as a separate attachment to the petition for appointment of GAL.
- Ex Parte Applications: Strict compliance with Local Civil Rules 7-19 and 7-19.1 is required. Ex parte applications shall identify in the caption whether it is “OPPOSED” or “UNOPPOSED.” Any opposition shall be served and filed within 24 hours of electronic filing of the application. Conformed paper copies of the filed application and any opposition shall be delivered directly to Judge Sagar’s drop box located outside suite 1200 – Roybal Clerk’s Office. Ex parte applications will ordinarily be decided on the papers without oral argument. The Court will notify the parties if it desires an in-court or telephonic hearing. A party submitting an ex parte application need not provide a party in custody with oral notice prior to filing, but shall make all reasonable efforts to provide notice as quickly as practicable, consistent with Local Civil Rules 7-19 and 7-19.1. Any party relying on this policy shall state in the application (1) that the party in custody is incarcerated, and (2) all steps that have or will be taken to provide the person in custody with prompt notice. 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.
- Proposed Orders: Pursuant to Local Civil Rule 5-4.4 and Local Criminal Rule 49-1.3.2(c), unless exempted from electronic filing, parties submitting proposed orders or other proposed documents that require the Court's signature must e-mail a word-processing version of the document to [email protected]. Proposed Orders must be on pleading paper and should not contain attorney names, addresses, etc. on the caption page, should not contain a footer with the document name or other information, and should not contain a watermark designation of the firm name, etc. in the margin.
- Social Security Actions: 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. However, 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.
- Continuances: To request to reschedule a hearing, conference, or other court proceeding, the parties should submit a signed stipulation and proposed order at least three court days prior to the scheduled hearing date. In the event of a calendar conflict, counsel shall immediately advise the Courtroom Deputy Clerk telephonically and attempt to secure opposing counsel’s agreement to stipulate to a new date. If opposing counsel will not agree to a continuance, the request for continuance shall be made by ex parte application. Stipulations to extend deadlines to file a Joint Submission a Social Security case must be accompanied by a Proposed Order that specifies the new filing date of the Joint Submission.
- In Camera Review: If a party has been granted permission to have the Court review document(s) in camera, the party must file a Notice of Manual Filing or Lodging (form G-92) via the Court’s CM/ECF system. The document(s) shall be placed in a sealed envelope and be delivered to Judge Sagar’s drop box outside suite 1200 (12th floor) – Roybal Clerk’s Office. Judge Sagar will review the document in chambers and return it to the attorney unless she orders the document to be filed, either under seal or as an unrestricted document.
- Special Appearances: The Court does not permit special appearances. Counsel of record shall appear at all court proceedings.
- Calendar Conflicts: The parties are to advise the Courtroom Deputy Clerk in advance about any calendar conflict and attempt to stipulate to an alternative date and time with opposing counsel. The alternative date and time should be cleared in advance with the Courtroom Deputy Clerk. If opposing counsel will not agree to a continuance, the request should be made by ex parte application.
- Settlement Conferences: Settlement conferences will generally be held on Tuesdays and Thursdays at 10:00 a.m. The parties may also request a settlement conference to be held on another day at an earlier time. Counsel should select a date for the settlement conference in consultation with the Courtroom Deputy Clerk at least four (4) weeks in advance. After the date is selected, the Court will issue an order regarding settlement conference procedures and schedule a telephone conference call for attorneys only prior to the settlement conference.
- Interpreters: It is the responsibility of the parties to obtain the services of an interpreter in a civil case if one is needed.
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CRIMINAL PROCEDURES
Criminal E-Filing Pilot Project Requirements: In accordance with General Order 19-01, Criminal Duty Matters Electronic Filing Pilot Project, counsel are directed to email documents to: [email protected]. Additionally, the following practices must be followed:
- The subject line of the email must include the following information: The generic name, case number, title and date filed, as follows (example): USA v. Search Warrant - 2:22-mj-00023 - Application for a Search Warrant filed on 3/20/2012.
- Federal law enforcement agents and the U.S. Attorney’s Office shall advise the Courtroom Deputy Clerk in advance of the anticipated submission of lengthy affidavits in support of warrants, criminal complaints, and other applications for the Court’s review.
- If any of the documents are over 25 pages, a courtesy copy must be provided to the Court concurrent with, and no later than two hours after, the electronic filing of documents during regular business hours.
- All warrants / criminal complaints will be attested by telephone pursuant to Rule 4.1 during the coronavirus outbreak.
- If counsel amends a document, they must promptly notify Chambers via e-mail at [email protected] and indicate where and why the document is being amended.
- Please ensure that Judge Sagar’s name and correct date are on the documents.
- Failure to comply with the above requirements may result in a delay in processing.
- The parties must contact the Courtroom Deputy Clerk to schedule all motions in criminal cases.
Bail Review Hearings:
- Before any bail review hearing, defense counsel is directed to have a face-to-face or telephonic/video discussion with the assigned AUSA regarding the request for bail and provide any relevant information (including accurate contact information for potential sureties) to government counsel and the Pretrial Services Agency at least one full business day before the hearing.
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EXTERNSHIPS
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Externship terms are typically served in the summer, fall, or spring. A law student interested in an externship with the Court should check with his or her law school to see whether it has an externship program in coordination with the Court. Applications are accepted up to six months in advance of the semester for which the student is applying. Interviews are typically scheduled and held by a law clerk, and offers are usually made shortly after the interview. Applicants are not to contact Judge Sagar's Chambers regarding the status of an application. However, if an applicant has interviewed with a judge and subsequently accepts a position with another judicial officer, the applicant should contact the chambers to advise the judge that he or she has accepted another position and is withdrawing his or her application. Interested individuals may also submit an application packet directly to the chambers of Judge Sagar at [email protected] The packet should include:
- cover letter;
- resume;
- undergraduate and law school grades (if available); and
- writing sample, not longer than ten pages.
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Externship terms are typically served in the summer, fall, or spring. A law student interested in an externship with the Court should check with his or her law school to see whether it has an externship program in coordination with the Court. Applications are accepted up to six months in advance of the semester for which the student is applying. Interviews are typically scheduled and held by a law clerk, and offers are usually made shortly after the interview. Applicants are not to contact Judge Sagar's Chambers regarding the status of an application. However, if an applicant has interviewed with a judge and subsequently accepts a position with another judicial officer, the applicant should contact the chambers to advise the judge that he or she has accepted another position and is withdrawing his or her application. Interested individuals may also submit an application packet directly to the chambers of Judge Sagar at [email protected] The packet should include: