Honorable Fernando L. Aenlle-Rocha
Printer-friendly versionFirst Street Courthouse, 350 W. 1st Street, Courtroom 6B, 6th Floor, Los Angeles, California 90012
All appearances shall be in person unless otherwise authorized by the court.
Judge Aenlle-Rocha's name is pronounced: Ah-N-Jay / Row-Cha.
I. Law and Motion
Criminal motions are heard on Friday at 10:30 a.m.
Civil motions are heard on Friday at 1:30 p.m.
Please do not calendar a matter on a Friday that is a court holiday. If you do, the court will re-calendar the matter for another Friday.
Motions shall be filed in accordance with Local Rules 6 and 7. It is not necessary to clear a hearing date with the Courtroom Deputy Clerk prior to filing a motion, except for motions for summary judgment or preliminary injunction.
Prior to filing a motion, counsel shall comply with Local Rule 7-3, including the requisite conference of counsel. The notice of motion must include a statement of compliance with Local Rule 7-3.
All discovery motions and stipulations, including those relating to protective orders, are to be calendared before the Magistrate Judge whose initials appear in parentheses after the case number. Documents may not be filed under seal in matters pending before the district judge based solely on a protective order governing discovery that has been signed by the Magistrate Judge. A separate and additional showing of good cause as to each category of document or information is required. Fed. R. Civ. P. 26(c); Phillips ex rel. Estates of Byrd v. General Motors Corp., 307 F.3d 1206, 1212 (9th Cir. 2002). The parties also are required to comply with Local Rule 79-5 (Confidential Court Records).
All filings should conform to the applicable requirements specified by Local Rule 11. All papers filed with the court must conform to Local Rule 11-3.1.1, which generally requires typeface of 14 point or larger for Times New Roman and 12 point or larger for Courier.
Counsel must include a current email address, telephone number, and facsimile number on all papers to facilitate communication with the Courtroom Deputy Clerk.
The court expects counsel to review and adhere scrupulously to the Central District’s Civility and Professionalism Guidelines. See https://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism-guidelines.
A copy of the Local Rules for the Central District of California may be found at: https://www.cacd.uscourts.gov/court-procedures/local-rules.
A. Motion Briefing Schedule
Motions made pursuant to Fed. R. Civ. P. 56 must be noticed, served, and filed no later than thirty-five (35) days before the hearing date so the opposing party has at least fourteen (14) days to oppose. Oppositions must be filed and served not later than twenty-one (21) days before the hearing date. Replies must be filed and served not later than fourteen (14) days before the hearing date. See Local Rules 7-9, 7-10.
All other motions must be noticed, served, and filed not later than twenty-eight (28) days before the hearing date. See Local Rule 6-1. Oppositions must be filed and served not later than twenty-one (21) days before the hearing date. Replies must be filed and served not later than fourteen (14) days before the hearing date. See Local Rules 7-9, 7-10.
The parties may seek an alternate briefing schedule by filing a Stipulation and Proposed Order.
No party may file more than one motion pursuant to Fed. R. Civ. P. 56 without leave of court, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication. If a party believes in good faith that good cause exists for more than one summary judgment motion or increased page limits, the party shall seek leave by noticed motion setting forth good cause.
The court will not entertain cross-motions under Rule 56 that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment on the same legal issue, their counsel shall meet and confer to determine which party will move for summary judgment and which will oppose the motion as to the issue. Pursuant to Fed. R. Civ. P. 56(f) and when appropriate, the court may grant summary judgment sua sponte in favor of the non-moving party based on undisputed facts and controlling principles of law.
B. Remote Appearances
The court may permit appearances by telephone or video conference upon a showing that a personal appearance will cause undue hardship.
If you wish to appear remotely by telephone or video conference, you must:
- email the Courtroom Deputy Clerk and copy opposing counsel at least three (3) court days in advance of the scheduled appearance and provide a detailed statement of undue hardship;
- use a landline to call into the bridge line provided by the Courtroom Deputy Clerk or use a hardline internet connection to connect to the Zoom link for the court; and
- be available to call in for at least fifteen (15) minutes before the time of the scheduled hearing.
Zoom Connection Information
• Click Zoom link
• Telephone: (669) 254-5252
• Webinar ID: 161 202 1291
• Passcode: 649641
Important Notice: Recording Is Strictly Prohibited
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.
C. Conflicts With Scheduled Hearings
If counsel has a conflicting appearance in the court of a more senior district judge, counsel must e-mail the Courtroom Deputy Clerk at least three (3) business days in advance, indicating the time of the appearance, the case name and number, and the name of the other judge. On the day of the appearance, counsel should ask the more senior district judge’s Courtroom Deputy Clerk to advise this court’s clerk as to when counsel can be expected to arrive in the courtroom.
II. General Procedures
A. Scheduling and Case Management Orders
Pursuant to Fed. R. Civ. P. 16(b), the court will issue an order setting a scheduling conference as required by Fed. R. Civ. P. 26 and the Local Rules. Strict compliance with Fed. R. Civ. P. 16 and 26 is required.
A Scheduling and Trial Order will be issued after the Scheduling Conference has been held or after the Joint Rule 26(f) Report has been filed. The order will set case management deadlines and pretrial conference and trial dates.
B. Electronic Filing
All original filings must be filed electronically pursuant to Fed. R. Civ. P. 5(d)(3) and Local Rule 5-4 as follows:
1. All non-signature items shall be e-filed in .pdf format.
2. All proposed signature items shall be e-filed as an attachment to the lead document in .pdf format.
3. All proposed signature items shall be e-mailed to chambers at [email protected] in Microsoft Word format. Do not e-mail other documents to chambers and do not use this e-mail address for communication with the court or the Courtroom Deputy Clerk, unless otherwise ordered by the court.
C. Ex Parte Applications
The court considers ex parte applications on the papers and does not usually set these matters for hearing. If a hearing is necessary, the parties will be notified. Ex parte applications are solely for extraordinary emergent relief and should be used with discretion. Sanctions may be imposed for misuse of ex parte applications. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995).
Ex parte applications shall conform with Local Rules 7-19 and 7-19.1. Non-conforming applications will not be considered except upon a showing of good cause. The applicant shall serve the opposing party electronically when possible. A party is considered served once the ex parte application has been e-filed as all parties registered for electronic service are provided a notification of ECF filing each time a document is e-filed with a link to the document for a single free view. Parties registered for service by facsimile or mail must be served the ex parte application by facsimile or personal service.
Following service of the ex parte application by e-mail, facsimile, or personal service, the applicant shall notify the opposing party that the opposition must be filed no later than twenty-four (24) hours following service. The clerk will notify counsel of the court’s ruling. If counsel does not intend to oppose an ex parte application, he or she must inform the Courtroom Deputy Clerk at (213) 894-5686.
All ex parte applications must include a proposed order. See Local Rules 7-19 and 7-19.1.
D. Continuances and Extensions of Time
Requests for continuances of pretrial and trial dates must be by motion, stipulation, or application, and be accompanied by a detailed declaration setting forth the reasons for the requested relief. The declaration should include whether any previous requests for continuances have been made and whether these requests were granted or denied by the court. Stipulations extending dates set by the court are not effective unless approved by the court.
A stipulation to continue or extend a trial or pretrial date must be supported by a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts, dating back to the filing of the complaint, of the steps they have taken to advance the litigation. This detailed showing must demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. Without such compelling factual support and showing of due diligence, stipulations continuing dates set by the court will be denied.
Counsel shall avoid submitting requests for continuance or extension of time less than five (5) business days prior to the expiration of the scheduled date. It is best to leave a message for the Courtroom Deputy Clerk, Twyla Freeman, at (213) 894-5686 as soon as you know a request for continuance will be made. A request to continue or extend dates or deadlines that have already expired constitutes a presumptive lack of due diligence.
E. Filings Under Seal
1. Civil Cases
There is a strong presumption of access in civil cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must set forth in detail the factual and legal justification that establishes good cause or compelling reasons for sealing. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179–80 (9th Cir. 2006).
Documents that are not confidential or privileged in their entirety should not be filed under seal if the allegedly confidential or privileged portions can be redacted and filed separately with a reasonable expenditure of effort. The parties should file a complete version of the documents under seal, and a redacted version for public viewing, omitting only the portions the court has authorized to be filed under seal.
Sealing must be justified for each individual item. Blanket claims of confidentiality will result in denial of the application. Counsel must weigh carefully whether sealing is necessary for a particular piece of evidence or argument. Any application to seal that is meritless will be denied. The parties are required to meet and confer before filing any application to seal.
Local Rule 79-5 governs applications to file under seal: parties must comply with all provisions of this Rule. Counsel are ordered to follow the procedures outlined in Local Rule 79-5.2.2, which are summarized in the "Guide to Electronically Filing Under-Seal Documents in Civil Cases." Additional information and a copy of the Guide may be found at: https://www.cacd.uscourts.gov/e-filing/sealed-documents.
2. Criminal Cases
With respect to requests to seal documents solely – and not the application and order – the applicant must file electronically (1) the application to seal, and (2) a declaration of notice or proof of service. During the electronic filing process, the applicant must attach the proposed order to the application pursuant to the standard procedure for filing any application with a proposed order.
After electronically filing the application and declaration of notice or proof of service, the applicant shall send an e-mail to chambers at [email protected] containing (1) a .pdf version of the application to seal, (2) a declaration of notice or proof of service, (3) a Microsoft Word version of the proposed order, and (4) a .pdf version of the documents to be filed under seal with a caption page clearly marked “UNDER SEAL.” The subject line of the e-mail should contain the case name and number, and the statement: “UNDER SEAL REQUEST.”
The proposed order should have an alternative signature line stating how the applicant wants the documents to be handled in the event the application is denied, stating (1) whether counsel will publicly file the documents, and (2) whether the party wants the court to consider the documents in any way. If the requesting party has submitted documents exempt from electronic filing to the court, it should also specify (1) whether counsel shall retrieve the chambers copies of the documents, and (2) whether the Courtroom Deputy Clerk is free to destroy the chambers copies of the documents.
As for requests to seal the application, order, and documents, the applicant shall file electronically a Notice of Manual Filing indicating that (1) an application to seal, (2) a declaration of notice or a proof of service, and (3) a proposed sealing order and under seal documents have been submitted to the court.
After electronically filing the aforementioned documents, the applicant shall send an e-mail to chambers at [email protected] containing a .pdf version of (1) the application to seal, (2) a declaration of notice or proof of service, (3) a Microsoft Word version of the proposed order (with the proposed instructions in case of a denial as described above), and (4) a .pdf version of the documents to be filed under seal with a caption page, clearly marked “UNDER SEAL.” The subject line of the e-mail should contain the case name and number, and the statement: “UNDER SEAL REQUEST.”
In all instances, the applicant should note that the title of the application will be placed on the public docket entry. For example: “Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.
III. Trials
Trials begin on Mondays and are generally conducted Monday through Thursday, from 8:15 a.m. to 2:30 p.m., unless otherwise ordered by the court.
The court will issue a detailed Scheduling and Trial Order in each action, either at or in lieu of the Scheduling Conference in civil actions. The court refers the parties to the Trial Order for specific details regarding the preparation for and conduct of trials.
Templates are provided at the bottom of this webpage for: (1) the Joint Proposed Final Pretrial Conference Order; (2) the Joint Exhibit List; and (3) the Witness List. The parties should use these templates when they submit these documents to the court.
IV. Additional Information
A. Telephone and Email Contact
Parties should not contact the Courtroom Deputy Clerk (1) to request the status of a pending stipulation or submitted motion, (2) to determine whether a hearing on calendar will proceed as scheduled, or (3) to inquire as to how to file documents using the court’s CM/ECF system. Counsel shall refer to Local Rule 5-4 and/or contact the electronic filing help desk at (213) 894-0242 for assistance. For appropriate matters only, counsel may contact the Courtroom Deputy Clerk via email at [email protected] or by telephone (213) 894-5686.
B. Settlement
Counsel shall notify the Courtroom Deputy Clerk as soon as a settlement of the action has been reached. The court may assess jury fees against each side under Local Rule 40-3 if the notification of settlement occurs after 4:00 p.m. on the last business day prior to trial, absent a showing of good cause.
C. Electronic Equipment and Voluminous Trial Materials or Exhibits
The Local Rules prohibit the recording of proceedings in court, either by electronic recording means or by camera. The court provides audio-visual equipment for the parties’ use at trial and during hearings. Counsel may contact the IT Help Desk at (213) 894-3061 to arrange training on the court’s equipment.
The parties may bring additional equipment, as needed, but must secure a property pass in advance. Arrangements for a property pass to bring equipment and/or voluminous exhibits into the courtroom may be made through the Space and Facilities (“S&F”) Help Desk at (213) 894-1400. Before contacting S&F for a required building security pass, prior approval of delivery time must be coordinated with the Courtroom Deputy Clerk. Once approval from the clerk is secured, logistical delivery information must be provided to S&F with adequate notice (at least one day) to create and issue the required building security pass. Counsel and messengers who attempt to access the courthouse’s parking and loading dock without a required pass will be denied entry and will have to utilize the public entrance.
D. 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 section of the court’s website addressing Court Reporter/Recorder Transcripts at https://www.cacd.uscourts.gov/court-reporting-services/court-reporterrec.... If counsel require an estimate of cost for the preparation of a transcript, he or she should contact the court reporter/recorder for the desired proceeding.
E. 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.
F. Alternate Dispute Resolution
The court participates in the Court-Directed ADR Program whereby it refers the parties to the assigned U.S. Magistrate Judge, the Court Mediation Panel, or to private mediation. If counsel have received a Notice to Parties of Court-Directed ADR Program (ADR-08), the case will be referred presumptively to the Court Mediation Panel or to private mediation at the time of the initial scheduling conference. See General Order 11-10, § 5.1, Local Rule 16-15, and Local Rule 26-1(c).
Counsel are directed to furnish the Notice and discuss the process with their clients in advance of the parties’ Fed. R. Civ. P. 26(f) conference. Counsel should include their shared or separate views regarding a preference for the Court Mediation Panel or private mediation, and the timing of such mediation, in the written report required by Fed. R. Civ. P. 26(f) and Local Rule 26-1. The court will review and consider the parties’ ADR Procedure Selection form and ADR preferences as set forth in their Joint Rule 26(f) Report.
For further information about the court’s ADR Program, counsel are directed to General Order 11-10 on the ADR page of the district court’s website.
G. Criminal Sentencing
Absent leave of court based upon a showing of good cause, the court does not permit submission or playing of sentencing videos.
H. Media
All requests from the media should be directed to the district court’s Communication Specialist at (213) 894-7987. The Courtroom Deputy Clerk will not respond to media inquiries. The media are directed to review the court’s electronic record at www.cacd.uscourts.gov, the Newsworthy page on the Central District of California court website at http://www.cacd.uscourts.gov/newsworthy, as well as the docket on PACER for current case information.