Honorable Pedro V. Castillo
Printer-friendly versionMagistrate Judge
Roybal Federal Building and United States Courthouse, 255 E. Temple St., Los Angeles CA, 90012, Courtroom 590, 5th floor
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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 Tuesdays at 10:00 a.m. It is not necessary to clear a civil motion date with the Courtroom Deputy Clerk (CRD) prior to filing the motion. The Court may take any motion under submission without oral argument. See Local Rule 7-15.
2. The parties shall contact the CRD to schedule all motions in criminal cases.
Judge's Procedures:
1. Discovery Motions:
a. Generally: Discovery motions are to be scheduled before the magistrate judge only if referred by the district judge. Counsel are advised to review the procedures and standing orders of the assigned district judge before filing any discovery motion. Strict compliance with Local Rule 37 is required. The Court may take any motion under submission without oral argument. See Local Rule 7-15.
b. Timing of Discovery Motions: If the assigned district judge's procedures or standing orders do not contain a specific deadline for filing discovery motions, all discovery motions scheduled before Judge Castillo are to be filed, served and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.
c. Pre-Motion Telephonic Conference: In the Court’s experience, discovery disputes may often be resolved without the need for formal motion papers. In order to facilitate the just and expedient resolution of discovery matters and to conserve the parties’ and Court’s resources, the Court requires the parties to follow the following procedure for filing discovery motions. This procedure does not apply to ex parte applications (see Procedure 5 below) or where a party to the discovery dispute is in custody.
i. First, as Local Civil Rule 37-1 requires, the parties must meet and confer in an attempt to resolve any discovery dispute.
ii. Once the parties have determined that they have reached an impasse, within twenty-four hours of the last conference, the movant must e-mail the CRD seeking a telephone conference with the Court to discuss the discovery dispute. The e-mail must include (1) at least three proposed times mutually agreed upon by the parties for the telephone conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each parties’ position. The movant must cc: opposing counsel on the e-mail.
iii. No discovery motion may be filed until the Court has conducted its pre-motion telephonic conference 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 Rule and Procedure.
2. Tentative Rulings: If there is a tentative ruling on a motion, it will be provided to counsel at the time counsel checks in with the CRD.
3. Settlement Conferences: Parties should call or email the CRD to find available dates. The Court generally holds settlement conferences on Tuesdays or Thursdays at 9:30 a.m., but the Court will work with parties to find acceptable dates and times. Settlement statements should be delivered to the Chambers email address at [email protected]
4. Chambers Copies: Electronic copies of proposed orders shall be emailed to the Court at [email protected] Proposed orders shall be in Microsoft Word format.
5. Ex Parte Applications: Strict compliance with Local Rule 7-19 and 7-19.1 are required. An ex parte application is usually considered on the papers only. If the application is opposed, opposition papers should be filed by 4:00 p.m. the next business day following service of the application. In most cases, the Court will wait until that time before ruling. If needed, the Court will schedule a hearing. Discovery disputes should generally not be brought to the Court’s attention in an ex parte application.
6. Continuances: To request a continuance of any scheduled court hearing, the parties should submit a signed stipulation and proposed order at least three court days prior to the scheduled hearing date. 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 should notify the CRD as soon as the need to reschedule a hearing is discovered.
7. 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 a showing of good cause.
8. Telephonic Appearances, Special Appearances and Citations: 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. The Court does not permit special appearances. Counsel of record shall appear at all court proceedings. The Court prefers citations in Westlaw (rather than Lexis) where no reporter citation is available.
9. Calendar Conflicts: The parties are to advise the CRD 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 CRD.
10. 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 11-4.5. Counsel are not allowed to contact the magistrate judge’s law clerks, interns, externs, or to communicate with chambers by means of the Court’s email address other than to email proposed orders.
11. Use of Electronic Equipment: Counsel should contact the CRD regarding procedures for using or bringing electronic equipment into the courtroom.
12. 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.
13. 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, contact the CRD. All other parties may contact the Interpreter’s Section at 213-894-4599.
14. 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.
15. Document Duty E-Filing Requirements: Per General Order 19-01 and the Court's e-filing pilot project, the government will e-mail items to the Court’s criminal mailbox [email protected] Electronic copies of proposed orders (in Microsoft Word format) must be e-mailed to the criminal mailbox. Additionally, the following guidelines apply:
a. Federal law enforcement agents and the U.S. Attorney's Office shall advise the CRD in advance if any affidavits in support of warrants, criminal complaints, or other law enforcement applications are expected to be unusually lengthy or complex, or otherwise require special attention by the Court.
b. Applications requiring a personal appearance by an agent: Once determined that the documents are in compliance, the agent will be asked to report to Chambers with the original and, if a conformed copy is requested, copy of the documents, with the CM-ECF header. Chambers will not make or print copies for conforming.
c. If counsel amends a document, they must promptly notify the CRD and indicate where and why the document is being amended.
In light of the coronavirus outbreak, all warrants and criminal complaints will be attested by telephone pursuant to Rule 4.1. Please contact the CRD with any questions about the procedures.
16. Employment Opportunities: For inquiries regarding law clerk positions, please visit https://oscar.uscourts.gov. The Court is not accepting externship applications at this time.