James Edward Topper v. Dean Borders et al

Filing 9

MEMORANDUM AND ORDER DISMISSING CLAIMS WITH LEAVE TO AMEND by Magistrate Judge John E. McDermott. Plaintiff's claims against Defendant Borders are DISMISSED WITH LEAVE TO AMEND. [See Order for details.] (Attachments: # 1 Notice of Dismissal Form, # 2 Instructions for Filing Civil Rights Action, # 3 Blank Civil Rights Form) (san)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
IMPORTANT INFORMATION - PLEASE READ CAREFULLY
INSTRUCTIONS FOR FILING A CIVIL ACTION BY A NON-PRISONER
INSTRUCTIONS AND PROCEDURES
1.

CIVIL COMPLAINT - You must file a "Civil Complaint" in the form and manner as set forth in Local
Rule 11 of this Court. Any complaint in any other form will not be accepted by the Clerk's Office. The
complaint must be prepared by you. This office does not have any standard forms for this purpose. The
complaint must also be accompanied by a:
A.
B.
C.

Summons - AO-440 (Original plus two copies)
Civil Cover Sheet - CV-71 (Original plus two copies)
Certification and Notice of Interested Parties - CV-30 (Original plus three copies)

These three forms are available in the Clerk's Office. They must be completed in full. Each original
document filed in this Court must also be accompanied by a clear and legible copy of the document
filed. Both the original and copy must be blue-backed.
2.

FILING FEE - The filing fee for a civil complaint is $400.00. Personal checks are NOT accepted.

3.

FILING IN FORMA PAUPERIS - If you are unable to pay the filing fee, you may petition the Court to
allow you to file your complaint without the prepayment of the filing fee. Forms for your use are
available in the Clerk's Office. These forms must also accompany the complaint. (Declaration in support
of request to proceed in forma pauperis)

4.

REQUEST FOR APPOINTMENT OF AN ATTORNEY - A request for appointment of an attorney
must be prepared by you in the form and manner set forth in Local Rule 11. A request in any other form
will not be accepted.
The request must accompany the complaint and be presented as a separate document. Your request
must also state the reasons why you want the Court to appoint an attorney for you.
OTHER INFORMATION

PLEASE DO NOT seek the assistance of an employee of this office to help you in this matter. Title 28 U.S.C.
955 prohibits members of this office from providing any type of legal advice.
In the event the Court denies your request for the appointment of any attorney and you find yourself acting as
your own attorney, you must comply with the provisions of Local Rule 83-2.10.

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Copies of the Local Rules are also available in any law library or from this Court’s website at:
www.cacd.uscourts.gov. Pertinent parts of Local Rules 3, 5, 7, 8, 11, 15, 16, 19, 26, 38, 41, 56 and 83 as well as
Federal Rule of Civil Procedure 4(i)(1) are attached for your information and convenience.
Also attached is a list of lawyer referral services.
F.R.CIV.P.3. COMMENCEMENT OF ACTION
L.R. 3-1 Civil Cover Sheet. All civil actions presented to the Clerk for filing shall be accompanied by a
Civil Cover Sheet, in duplicate, completed and signed by the attorney or party presenting the matter. In all cases
where jurisdiction is invoked in whole or in part under 28 U.S.C. § 1338 (regarding patents, plant variety
protection, copyrights and trademarks), the Clerk shall also be provided at the time of filing with the original
and two copies of the required notice to the Patent and Trademark Office in patent, plant variety protection and
trademark matters and the original and four copies of the required notice in copyright matters. Copies of the
Civil Cover Sheet and the required forms of notice to the Patent and Trademark Office are available from the
Clerk.
F.R.CIV.P.5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
L.R. 5-3 Serving Documents.
L.R. 5-3.1 Service of Documents Not Filed or Served Electronically. Documents presented to
the Clerk for filing or lodging in paper format must be served in accordance with F.R.Civ.P. 5. Electronically
filed or lodged documents that must be served on one or more individuals who are not registered for the CM/
ECF System or who have not consented to electronic service must be served on those individuals in accordance
with F.R.Civ.P. 4 and 5. All documents served under this L.R. 5-3.1 must be accompanied by a Proof of Service
in the form required by L.R. 5-3.2.
L.R. 5-3.2 Proof of Service for Documents Not Filed or Served Electronically. Proof of service
for documents served pursuant to L.R. 5-3.1 shall be made by declaration of the person accomplishing the
service. If the Proof of Service declaration is attached to the original document, it shall be attached as the last
page(s) of the document. The Proof of Service declaration shall include the following information:
(a)
The day and manner of service;
(b)
Each person and/or entity served;
(c)
The title of each document served; and
(d)
The method of service employed (e.g., personal, mail, substituted, etc.)
F.R.C IV.P. 7. PLEADINGS ALLOWED; FORM OF MOTIONS
L.R. 7-1 Stipulations. Stipulations will be recognized as binding only when made in open court, on the
record at a deposition, or when filed in the proceeding. Written stipulations affecting the progress of the case
shall be filed with the Court, be accompanied by a separate order as provided in L.R. 52-4.1, and will not be
effective until approved by the judge, except as authorized by statute or the F.R.Civ.P.
L.R. 7-2 Applicability. The provisions of this rule shall apply to motions, applications, petitions, orders
to show cause, and all other proceedings except a trial on the merits (all such being included within the term
“motion” as used herein) unless otherwise ordered by the Court or provided by statute, the F.R.Civ.P., or the
Local Rules.

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L.R. 7-3 Conference of Counsel Prior to Filing of Motions. In all cases not listed as exempt in L.R.
16-12, and except in connection with discovery motions (which are governed by L.R. 37-1 through 37-4) and
applications for temporary restraining orders or preliminary injunctions, counsel contemplating the filing of
any motion shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the
contemplated motion and any potential resolution. If the proposed motion is one which under the F.R.Civ.P.
must be filed within a specified period of time (e.g., a motion to dismiss pursuant to F.R.Civ.P. 12(b), or a new
trial motion pursuant to F.R.Civ.P. 59(a)), then this conference shall take place at least five (5) days prior to the
last day for filing the motion; otherwise, the conference shall take place at least ten (10) days prior to the filing
of the motion. If the parties are unable to reach a resolution which eliminates the necessity for a hearing,
counsel for the moving party shall include in the notice of motion a statement to the following effect:
on (date).”

“This motion is made following the conference of counsel pursuant to L.R. 7-3 which took place

L.R. 7-4 Motions. The Court may decline to consider a motion unless it meets the requirements of L.R.
7-4 through 7-8. On the first page of the notice of motion and every other document filed in connection with
any motion, there shall be included, under the title of the document, the date and time of the motion hearing,
and the name of the judicial officer before whom the motion has been noticed. The notice of motion shall
contain a concise statement of the relief or Court action the movant seeks.
L.R. 7-5 Moving Papers. There shall be served and filed with the notice of motion:
(a)

A brief but complete memorandum in support thereof and the points and authorities

upon which the moving party will rely; and
(b)

The evidence upon which the moving party will rely in support of the motion.

L.R. 7-6 Evidence on Motions. Factual contentions involved in any motion and opposition to motions
shall be presented, heard, and determined upon declarations and other written evidence (including documents,
photographs, deposition excerpts, etc.) alone, except that the Court may, in its discretion, require or allow oral
examination of any declarant or any other witness.
L.R. 7-7 Form and Content of Declarations. Declarations shall contain only factual, evidentiary matter
and shall conform as far as possible to the requirements of F.R.Civ.P. 56(c)(4).
L.R. 7-8 Presence of Declarants - Civil Cases. On motions for and orders to show cause re preliminary
injunctions, motions to be relieved from default and other motions where an issue of fact is to be determined
(e.g., civil contempt, but excluding motions contesting venue and personal jurisdiction), not later than fourteen
(14) days prior to the hearing, a party desiring to cross-examine any declarant who is not beyond the subpoena
power of the Court and who is reasonably available to the party offering the declaration may serve by hand (or
facsimile or by electronic filing) and file a notice of request to cross-examine such declarant. If the party
offering the declaration disputes that the declarant is within the subpoena power of the Court and reasonably
available to the offering party, such party shall serve and file an objection to the notice of request to crossexamine not later than eleven (11) days prior to the hearing. The offering party shall be under no obligation to
produce the declarant unless the Court has granted the request to cross-examine by written order not later than
three (3) days prior to the hearing. No declaration of a declarant with respect to whom such a request has been
granted shall be considered unless such declarant is personally present and available at the hearing for such
cross-examination as the Court may permit. The Court may, in the alternative, order that the crossexamination be done by deposition taken on two (2) days’ notice with the transcript being lodged five (5) days
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prior to the hearing. The Court may impose sanctions pursuant to these Local Rules against any party or
counsel who requests the presence of any declarant without a good-faith intention to cross-examine the
declarant.
L.R. 7-9 Opposing Papers. Each opposing party shall, not later than ten (10) days after service of the
motion in the instance of a new trial motion and not later than twenty-one (21) days before the date designated
for the hearing of the motion in all other instances, serve upon all other parties and file with the Clerk either (a)
the evidence upon which the opposing party will rely in opposition to the motion and a brief but complete
memorandum which shall contain a statement of all the reasons in opposition thereto and the points and
authorities upon which the opposing party will rely, or (b) a written statement that the party will not oppose the
motion. Evidence presented in all opposing papers shall comply with the requirements of L.R. 7-6, 7-7 and 7-8.
L.R. 7-10 Reply Papers. A moving party may, not later than fourteen (14) days before the date
designated for the hearing of the motion, serve and file a reply memorandum, and declarations or other rebuttal
evidence. Absent prior written order of the Court, the opposing party shall not file a response to the reply.
L.R. 7-11 Continuance of Hearing Date. Unless the order for continuance shall specify otherwise, the
entry of an order continuing the hearing of a motion automatically extends the time for filing and serving
opposing papers and reply papers to twenty-one (21) days and fourteen (14) days, respectively, preceding the
new hearing date. A stipulation to continue shall provide the date the opposition and reply papers are due to be
filed with the Court.
L.R. 7-12 Failure to File Required Documents. The Court may decline to consider any memorandum
or other document not filed within the deadline set by order or local rule. The failure to file any required
document, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the
motion, with the exception that a motion pursuant to F.R.Civ.P. 56 may not be granted solely based on the
failure to file an opposition.
L.R. 7-13 Sanctions for Late Filing. A party filing any document in support of, or in opposition to, any
motion noticed for hearing as above provided after the time for filing the same shall have expired, also shall be
subject to the sanctions of L.R. 83-7 and the F.R.Civ.P.
L.R. 7-14 Appearances at Hearing. Counsel for the moving party and the opposing party shall be
present on the hearing date and shall have such familiarity with the case as to permit informed discussion and
argument of the motion. Failure of any counsel to appear, unless excused by the Court in advance pursuant to
L.R. 7-15 or otherwise, may be deemed consent to a ruling upon the motion adverse to that counsel’s position.
L.R. 7-15 Oral Argument - Waiver. Counsel may, with the consent of the Court, waive oral argument.
Counsel who have agreed to waive oral argument shall advise the court clerk of such agreement by no later than
noon on the fifth day preceding the hearing date. The court clerk shall advise the parties by no later than noon
on the court day preceding the hearing date as to whether the Court has consented to the waiver of oral
argument. The Court may dispense with oral argument on any motion except where an oral hearing is required
by statute, the F.R.Civ.P. or these Local Rules.
L.R. 7-16 Advance Notice of Withdrawal or Non-Opposition. Any moving party who intends to
withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than
seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall
file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.
L.R. 7-17 Resubmission of Motions Previously Acted Upon. If any motion, application or petition has
been made to any judge of this Court and has been denied in whole or in part or has been granted conditionally
on terms, any subsequent motion for the same relief in whole or in part, whether upon the same or any
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allegedly different state of facts, shall be presented to the same judge whenever possible. If presented to a
different judge, it shall be the duty of the moving party to file and serve a declaration setting forth the material
facts and circumstances as to each prior motion, including the date and judge involved in the prior motion, the
ruling, decision, or order made, and the new or different facts or circumstances claimed to warrant relief and
why such facts or circumstances were not shown to the judge who ruled on the motion. Any failure to comply
with the foregoing requirements shall be the basis for setting aside any order made on such subsequent motion,
either sua sponte or on motion or application, and the offending party or attorney may be subject to the
sanctions provided by L.R. 83-7.
L.R. 7-18 Motion for Reconsideration. A motion for reconsideration of the decision on any motion may
be made only on the grounds of (a) a material difference in fact or law from that presented to the Court before
such decision that in the exercise of reasonable diligence could not have been known to the party moving for
reconsideration at the time of such decision, or (b) the emergence of new material facts or a change of law
occurring after the time of such decision, or (c) a manifest showing of a failure to consider material facts
presented to the Court before such decision. No motion for reconsideration shall in any manner repeat any oral
or written argument made in support of or in opposition to the original motion.
L.R. 7-19 Ex Parte Application. An application for an ex parte order shall be accompanied by a
memorandum containing, if known, the name, address, telephone number and e-mail address of counsel for the
opposing party, the reasons for the seeking of an ex parte order, and points and authorities in support thereof.
An applicant also shall lodge the proposed ex parte order.
L.R. 7-19.1 Notice of Application. It shall be the duty of the attorney so applying (a) to make
reasonable, good faith efforts orally to advise counsel for all other parties, if known, of the date and substance of
the proposed ex parte application and (b) to advise the Court in writing and under oath of efforts to contact
other counsel and whether any other counsel, after such advice, opposes the application.
L.R. 7-19.2 Waiver of Notice. If the judge to whom the application is made finds that the
interest of justice requires that the ex parte application be heard without notice (which in the instance of a TRO
means that the requisite showing under F.R.Civ.P. 65(b) has been made), the judge may waive the notice
requirement of L.R. 7-19.1.
L.R. 7-20 Orders on Motions and Applications. A separate proposed order shall be lodged with any
motion or application requiring an order of the Court, pursuant to L.R. 52-4.1. Unless exempted from
electronic filing pursuant to L.R. 5-4.2, each proposed order shall comply with L.R. 5-4.4.
F.R.CIV.P.7.1 DISCLOSURE STATEMENT
L.R. 7.1-1 Certification as to Interested Parties. To enable the Court to evaluate possible
disqualification or recusal, counsel for all non-governmental parties shall file with their first appearance an
original and two copies of a Notice of Interested Parties which shall list all persons, associations of persons,
firms, partnerships and corporations (including parent corporations clearly identified as such) which may have
a pecuniary interest in the outcome of the case, including any insurance carrier which may be liable in whole or
in part (directly or indirectly) for a judgment that may be entered in the action or for the cost of defense.
Counsel shall be under a continuing obligation to file an amended certification if any material change occurs in
the status of interested parties as, for example, through merger or acquisition, or change in carrier which may
be liable for any part of a judgment.
The Notice shall include the following certification:
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“The undersigned, counsel of record for
, certifies that the following listed party
(or parties) may have a pecuniary interest in the outcome of this case. These representations are made to enable
the Court to evaluate possible disqualification or recusal.
(Here list the names of all such parties and identify their connection and interest.)
Signature, Attorney of Record for.”
F.R.CIV.P.8. GENERAL RULES OF PLEADING
L.R. 8-1 Jurisdiction - Allegations. The statutory or other basis for the exercise of jurisdiction by this
Court shall be plainly stated in the first paragraph of any document invoking this Court’s jurisdiction.
L.R. 8-2 Three-Judge Court - Identification in Pleading. If a party contends that the matter filed
requires hearing by a court composed of three judges, the words “Three-Judge Court” shall be typed
immediately below the docket number.
L.R. 8-3 Response to Initial Complaint. A stipulation extending the time within which to answer or
otherwise respond to the initial complaint in an action by not more than thirty (30) days need not be approved
by the judge, but shall be filed. This rule shall not apply to answers, replies or other responses to cross-claims,
counterclaims, third-party complaints or any amended or supplemental pleadings.
F.R.CIV.P. 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS;
REPRESENTATIONS TO COURT; SANCTIONS
L.R. 11-1 Signature of Counsel . All documents, except declarations, shall be signed by the attorney for
the party or the party appearing pro se. The name of the person signing the document shall be clearly typed
below the signature line.
L.R. 11-2 Facsimile Documents . Documents may not be transmitted by facsimile directly to the Clerk’s
office for filing. However, copies of facsimile documents shall be accepted for filing, provided that they are
legible. The original of any faxed document, including the original signature of the attorney, party or declarant,
shall be maintained by the filing party until the conclusion of the case, including any applicable appeal period,
subject to being produced upon order of the Court.
L.R. 11-3 Documents Presented to the Court - Form and Format
L.R. 11-3.1 Legibility. All pleadings, motions, affidavits, declarations, briefs, points and
authorities, and other documents, including all exhibits thereto (hereinafter collectively referred to as
“documents”), presented for filing or lodging with the Clerk shall be typewritten or printed, or prepared by a
photocopying or other duplicating process that will produce clear and permanent copies equally legible to
printing, in black or dark blue ink.
L.R. 11-3.1.1 Font. Either a proportionally spaced or a monospaced font may be used.
A proportionally spaced font must be standard (e.g. non-condensed) 14-point or larger, or as the Court may
otherwise order. A monospaced font may not contain more than 10-1/2 characters per inch.
L.R. 11-3.2 Paper. All documents shall be formatted for 8 ½ x 11 inch paper, and shall be
numbered on the left margin with not more than 28 lines per page. The lines on each page shall be doublespaced and numbered consecutively with line 1 beginning at least one inch below the top edge of the paper. All
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documents presented to the Clerk for filing or lodging in paper format, and all mandatory chambers copies,
shall be submitted on opaque, unglazed, white paper (including recycled paper) not less than 13-pound weight;
only one side of the paper shall be used.
page.

L.R. 11-3.3 Pagination. All documents shall be numbered consecutively at the bottom of each

L.R. 11-3.4 Original; Copies. The original of a document shall be labeled as the original and
shall consist entirely of the original pages, except as otherwise allowed by these rules. All copies, including
mandatory chambers copies if required by the assigned judge's orders or written procedures, are to be clearly
identified as such.
L.R. 11-3.5 Pre-Punching and Backing of Documents. All documents presented for filing or
lodging with the Clerk in paper format, and all mandatory chambers copies, if required by the assigned judge's
orders or written procedures, shall be pre-punched with two (2) normal-size holes (approximately 1/4"
diameter), centered 2-3/4 inches apart, 1/2 to 5/8 inches from the top edge of the document. All pages shall be
firmly bound at the top.
L.R. 11-3.6 Spacing. The typing or printing on the document shall be double spaced, including
citations and quotations.
L.R. 11-3.6.1 Footnotes - Exception. Footnotes may be single spaced.
L.R. 11-3.8 Title Page. On the first page of all documents:
(a) The name, California bar number, office address (or residence address if no office is
maintained), the telephone and facsimile numbers, and the e-mail address of the attorney or a party appearing
pro se presenting the document shall be placed commencing with line 1 at the left margin. The e-mail address
shall be placed immediately beneath the name of the attorney. Immediately beneath, the party on whose behalf
the document is presented shall be identified. All this information shall be single spaced. When a document is
presented, the information set forth in this paragraph shall be supplied for each attorney or party appearing
pro se who joins in the presentation of that document.
(b) The space between lines 1 and 7 to the right of the center of the page shall be left
blank for use by the Clerk.
(c) The title of the Court shall be centered on or below line 8.
(d) The names of the parties shall be placed below the title of the Court and to the left of
center, and single spaced. If the parties are too numerous, the names may be continued on the second or
successive pages in the same space. In all documents, after the initial pleadings, the names of the first-named
party only on each side shall appear.
(e) The docket number of the case shall be placed to the right of the center of the page and
immediately opposite the names of the parties on the first page. Immediately below the docket number shall
appear a concise description of the nature of the document (e.g., notice of motion, memorandum in support or
opposition). Immediately below the description shall appear the time and date of the hearing on the matter to
which the document is addressed.

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(f) The title of a complaint or petition shall state the nature of the action or proceeding.
F.R.CIV.P. 15. AMENDED AND SUPPLEMENTAL PLEADINGS
L.R. 15-1 Separate Document. Any proposed amended pleading must be electronically filed as a
document separate from a related motion or stipulation.
L.R. 15-2 Complete Document. Every amended pleading filed as a matter of right or allowed by order of
the Court shall be complete including exhibits. The amended pleading shall not refer to the prior, superseded
pleading.
L.R. 15-3 Date of Service . An amended pleading allowed by order of the Court shall be deemed served
upon the parties who have previously appeared on the date the motion to amend is granted or the stipulation
therefor is approved. Service of amended pleadings on a party who has not previously appeared shall be made as
provided in L.R. 4.
L.R. 15-4 Manner of Filing. Every amended pleading that is also a Claim-Initiating Document (see L.R.
3-2) shall be filed in compliance with L.R. 3-2.
F.R.CIV.P.16. PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT
L.R. 16-2.4 Disclosure of Witnesses. The parties shall disclose the information required by F.R.
Civ.P. 26(a)(3)(A)(I) and (ii) as to witnesses (including expert witnesses) to be called at trial other than those
contemplated to be used solely for impeachment. The information shall be filed with the Court as provided in
L.R. 16-5.
F.R.CIV.P.19. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
L.R. 19-1 Fictitiously Named Parties. No complaint or petition shall be filed that includes more than
ten (10) Doe or fictitiously named parties.
L.R. 19-2 Misjoinder. No complaint or petition alleging violation of copyright, patent or trademark
shall contain causes of action of different owners claiming violation of different copyrights, patents or
trademarks, unless the complaint or petition is accompanied by a declaration of counsel setting forth grounds
showing that the interests of justice will be advanced, and a multiplicity of actions avoided, by such joinder.
F.R.CIV.P.26. GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE
L.R. 26-1 Conference of Parties; Report. At the conference of parties held pursuant to F.R.Civ.P. 26(f),
the parties shall discuss the following matters in addition to those noted in F.R.Civ.P. 26(f):
Complex Cases. The complexity of the case, and whether all or part of the procedures of
(a)
the Manual For Complex Litigation (current edition) should be utilized. Counsel may propose to the Court
modifications of the procedures in the Manual to facilitate the management of a particular action.
Motion Schedule. The dispositive or partially dispositive motions which are likely to be
(b)
made, and a cutoff date by which all such motions shall be made.

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ADR. Selection of one of the three ADR Procedures specified in L.R. 16-15.4 as best
(c)
suited to the circumstances of the case, and when the ADR session should occur. For cases in the CourtDirected ADR Program, counsel are directed to furnish and discuss with their clients the Notice to Parties of
Court-Directed ADR Program in preparation for this conference. A settlement conference with a magistrate
judge is generally not available for such cases.
(d)
Trial Estimate. A preliminary estimate of the time required for trial.
(e)
Additional Parties. The likelihood of appearance of additional parties.
(f)
Expert Witnesses. The proposed timing of disclosures under F.R.Civ.P. 26(a)(2).
In their written report required by F.R.Civ.P. 26(f), the parties shall include their views and proposals on
the matters listed in this local rule.
L.R. 26-2 Discovery Documents - Filing. When a discovery request or response is required for use in a
proceeding, only that part of the document which is in issue shall be filed. All such discovery documents shall be
held by the attorney pending use for the period specified in L.R. 79-3 for the retention of exhibits, unless
otherwise ordered by the Court. Discovery documents lodged with the Court for a motion or a trial which are
not used in said motion or trial shall be returned by the clerk to the party lodging the document at the
conclusion of the motion or trial.
L.R. 26-3 Exhibits in Discovery
L.R. 26-3.1 Numbering of Exhibits. Documents introduced in discovery shall be numbered
sequentially. Only one exhibit number shall be assigned to any given document. Exhibits shall be numbered
without regard to the identity of the party introducing the exhibits.
If possible, each new exhibit shall be given the next available number. If it is not possible to do so
(as, for example, when multiple depositions are conducted on the same day), then the parties shall break the
sequence and use higher numbers to avoid duplication.
L.R. 26-3.2 Duplicate Exhibits. Any exhibit which is an exact duplicate of an exhibit previously
numbered shall bear the same exhibit number regardless of which party is using the exhibit. Any version of any
exhibit which is not an exact duplicate shall be marked and treated as a different exhibit bearing a different
exhibit number.
L.R. 26-3.3 Inadvertent Numbering of a Duplicate Exhibit. If, through inadvertence, the same
exhibit has been marked with different exhibit numbers, the parties shall assign the lowest such exhibit number
to the exhibit and conform all deposition transcripts and exhibits to reflect the lowest number. The superseded
number shall not be reused by the parties.
Example: If the same exhibit has been marked as 52 in the deposition of A and 125 in the
depositions of B, C and/or D, the exhibit marked 125 shall be renumbered 52 and the depositions of B, C and D
shall be conformed to the renumbered exhibit. Thereafter, number 125 shall not be used.
L.R. 26-3.4 Designation of Exhibit Sub-Parts. If it is necessary to identify sub-parts of a
document that has been marked as an exhibit, then such sub-parts shall be designated by the number of the
exhibit followed by a number designation.
Example: If a three-page contract is marked as Exhibit No. 12, the pages of the contract may be
marked as Exhibits 12-1, 12-2, and 12-3; the entire document shall be referred to as Exhibit 12.
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L.R. 26-3.5 Exhibits - Internal Control Numbering. In addition to exhibit numbers, documents
may bear other numbers or letters used by the parties for internal control purposes.
F.R.CIV.P.38. JURY TRIAL OF RIGHT
L.R. 38-1 Jury Trial Demand - Included in Pleading. If the demand for jury trial is included in a
pleading, it shall be set forth at the end thereof and be signed by the attorney for the party making the demand.
The caption of such a pleading shall also contain the following: “DEMAND FOR JURY TRIAL.”
L.R. 38-2 Jury Trial Demand - Removed Cases Where Jury Trial Not Demanded Prior to Removal. In
all such cases removed to this Court which are not at issue at the time of removal, the demand for jury trial must
be filed within ten (10) days after service of the last responsive pleading addressed to an issue triable by right by
a jury. If the matter already is at issue at the time of removal, the demand must be filed within ten (10) days after
the filing of the notice of removal if the demand is made by the removing party, and within ten (10) days after
service of filing of the notice of removal if the demand is made by a party other than the removing party.
L.R. 38-3 Jury Trial Demand - Marking Civil Cover Sheet Insufficient . Marking the Civil Cover Sheet
shall not be deemed a sufficient demand to comply with F.R.Civ.P. 38(b) or L.R. 38-1 and 38-2.
L.R. 38-4 Exceptions. The provisions of L.R. 38-3 shall not prevent the use of printed forms provided
by the Clerk or by the Administrative Office of the United States Courts.
F.R.CIV.P. 41. DISMISSAL OF ACTIONS
L.R. 41-6 Dismissal - Failure of Pro Se Plaintiff to Keep Court Apprised of Current Address. A party
proceeding pro se shall keep the Court and opposing parties apprised of such party’s current address and
telephone number, if any, and e-mail address, if any. If mail directed by the Clerk to a pro se plaintiff’s address
of record is returned undelivered by the Postal Service, and if, within fifteen (15) days of the service date, such
plaintiff fails to notify, in writing, the Court and opposing parties of said plaintiff’s current address, the Court
may dismiss the action with or without prejudice for want of prosecution.
F.R.CIV.P. 56. SUMMARY JUDGMENT
L.R. 56-1 Documents Required From Moving Party. A party filing a notice of motion for summary
judgment or partial summary judgment shall lodge a proposed “Statement of Uncontroverted Facts and
Conclusions of Law.” Such proposed statement shall set forth the material facts as to which the moving party
contends there is no genuine dispute. A party seeking summary judgment shall lodge a proposed Judgment; a
party seeking partial summary judgment shall lodge a proposed Order.
L.R. 56-2 Statement of Genuine Disputes of Material Fact by Opposing Party. Any party who opposes
the motion shall serve and file with the opposing papers a separate document containing a concise “Statement
of Genuine Disputes” setting forth all material facts as to which it is contended there exists a genuine dispute
necessary to be litigated.
L.R. 56-3 Determination of Motion. In determining any motion for summary judgment, the Court
may assume that the material facts as claimed and adequately supported by the moving party are admitted to
exist without controversy except to the extent that such material facts are (a) included in the “Statement of
Genuine Disputes” and (b) controverted by declaration or other written evidence filed in opposition to the
motion.
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L.R. 56-4 Motions Under F.R.Civ.P. 56(d) [ABROGATED]
F.R.CIV.P.83. RULES BY DISTRICT COURTS; JUDGE’S DIRECTIVES
L.R. 83-1.3 Notice of Related Cases
L.R. 83-1.3.1 Notice. At the time a civil action (including a notice of removal or
bankruptcy appeal) is filed, or as soon as known thereafter, the attorney shall file and serve on all parties who
have appeared a Notice of Related Case(s), stating whether any action previously filed or currently pending in
the Central District and the action being filed appear:
(a) To arise from the same or a closely related transaction, happening or event; or
questions of law and fact; or
different judges; or

(b) To call for determination of the same or substantially related or similar
(c) For other reasons would entail substantial duplication of labor if heard by

(d) To involve the same patent, trademark or copyright, and one of the factors
identified above in a, b or c is present.
The Notice of Related Case(s) shall also include a brief factual statement setting forth the basis for the attorney’s
belief that the action qualifies for related case transfer.
The Notice of Related Case also shall be served concurrently with service of the complaint.
L.R. 83-1.3.1.1 Notice in Civil Forfeiture Action When Related Criminal Case has
Previously Been Filed. It shall be the responsibility of the parties to promptly file a Notice of Related Cases
whenever a criminal case previously filed and a civil forfeiture case later filed:
(a) arise from the same or a closely related transaction, happening, or event; or
of law and fact; or

(b) call for determination of the same or substantially related or similar question

(c) involve one or more defendants from the criminal case in common, and would
entail substantial duplication of labor if heard by different judges.
In these instances, the proposed transfer order shall be prepared to transfer the civil forfeiture case to the judge
assigned to the criminal case.
L.R. 83-1.3.2 Opposition. Any party opposing a related case transfer may, within five (5)
days of the service of a notice of Related Case(s) on him, or first appearance, file and serve a short counterstatement setting forth the reasons the action does not qualify for related case transfer.
L.R. 83-1.3.3 Continuing Duty. It shall be the continuing duty of the attorney in any case
promptly to bring to the attention of the Court, by the filing of a Notice of Related Case(s) pursuant to L.R.
83-1.3, all facts which in the opinion of the attorney or party appear relevant to a determination whether such
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action and one or more pending actions should, under the criteria and procedures set forth in L.R. 83-1.3, be
heard by the same judge.
L.R. 83-1.4 Notice of Pendency of Other Actions or Proceedings
L.R. 83-1.4.1 Notice. Whenever a civil action filed in or removed to this Court involves
all or a material part of the subject matter of an action then pending before the United States Court of Appeals,
Bankruptcy Appellate Panel, Bankruptcy Court or any other federal or state court or administrative agency, the
attorney shall file a “Notice of Pendency of Other Actions or Proceedings” with the original complaint or
petition filed in this Court. The duty imposed by L.R. 83-1.4 continues throughout the time an action is before
this Court.
L.R. 83-1.4.2
Proceedings shall contain:

Notice - Contents.

The Notice of Pendency of Other Actions or

(a)
proceedings are pending;
proceedings;
actions or proceedings; and

A description sufficient to identify all other actions or proceedings;

(b)

The title of the court or administrative body in which the other actions or

(c)

The names of the parties or participants in such other actions or

(d)

The names, addresses and telephone numbers of the attorneys in such

A brief factual statement setting forth the basis for the attorney’s belief that
(e)
the action involves all or a material part of the subject matter of such other actions or proceedings.
L.R. 83-1.4.3 Notice of Petition to the Judicial Panel on Multidistrict Litigation - Duty
of Counsel. The attorney shall comply with L.R. 83-1.4 promptly upon learning that an action or proceeding
filed in this Court is the subject of or is related to an action which is before the Judicial Panel on Multidistrict
Litigation, or which has been transferred by it pursuant to 28 U.S.C. § 1407.
L.R. 83-2.10 Persons Appearing Without an Attorney - Pro Se Litigants
L.R. 83-2.10.1 Corporation, Unincorporated Association, Partnership or Trust. A
corporation including a limited liability corporation, a partnership including a limited liability partnership, an
unincorporated association, or a trust may not appear in any action or proceeding pro se.
L.R. 83-2.10.2 Individuals. Any person representing himself or herself without an
attorney must appear pro se for such purpose. That representation may not be delegated to any other person,
including a spouse, parent or other relative, nor to any other party on the same side who is not represented by
an attorney. A non-attorney guardian for a minor or an incompetent person must be represented by counsel.
L.R. 83-2.10.3 Compliance With Federal Rules. Any person appearing pro se will be
required to comply with these Local Rules, and with the F.R.Civ.P., F.R.Crim.P., F.R.Evid. and F.R.App.P.
L.R. 83-2.10.4 Sanctions. Failure to comply with the rules enumerated in L.R. 83-2.10.3
may be ground for dismissal or judgment by default.
L.R. 83-2.11 Communications With the Judge. Attorneys or parties to any action or proceeding
shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating
with a judge in a pending matter unless opposing counsel is present. All matters shall be called to a judge’s
attention by appropriate application or motion filed in compliance with these Local Rules.
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F.R.CIV.P. 4 SUMMONS
(i)

Serving the United States and Its Agencies, Corporations, Officers, or Employees.
(1)

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United States. To serve the United States, a party must:
(A)(i) deliver a copy of the summons and of the complaint to the United States attorney
for the district where the action is brought—or to an assistant United States
attorney or clerical employee whom the United States attorney designates in a
writing filed with the court clerk—or
(ii) send a copy of each by registered or certified mail to the civil-process clerk at the
United States attorney's office;
send a copy of each by registered or certified mail to the Attorney General of the
(B)
United States at Washington, D.C.; and
if the action challenges an order of a non-party agency or officer of the United
(C)
States, send a copy of each by registered or certified mail to the agency or officer.

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LAWYER REFERRAL SERVICES
“The District Court does not endorse or warrant the services provided by any of the below
organizations. The information is provided merely as a service to you.”
ULos Angeles County
Beverly Hills Bar Lawyer Referral & Information Service / 310-553-4022
Burbank Bar Association (Lawyer Referral Service and Legal Aid) / 818-843-0931
El Centro de Accion, Inc. Community Service / 626-792-3148
Glendale Bar Association Lawyer Referral Service / 818-956-1633
Los Angeles County Bar Association Lawyer Referral & Information Service / 213-243-1525
Long Beach Bar Association (Lawyer Referral Service) / 562-988-1122
San Fernando Valley Bar Association Lawyer Referral and Information Service/ 818-340-4529
San Gabriel Valley Lawyer Referral Service / 626-966-5530
Santa Monica Bar Association (Lawyer Referral & Information Service) / 310-581-5163
Southeast District Bar Association (Lawyer Referral Service) / 562-868-6787
UOrange County
Orange County Bar Association Lawyer Referral & Information Service / 949-440-6747
Orange County Trial Lawyers (Lawyer Referral Service) / 714-571-5204
URiverside County
Lawyer Referral Service of the Riverside County Bar Assn. / 951-682-7520 or 760-568-5555
USan Bernardino County
San Bernardino County Bar Association Lawyer Referral Service / 909-888-6791
San Gabriel Valley Lawyer Referral Service / 626-966-5530
Western San Bernardino County Bar Association (Lawyer Referral Service) / 909-945-2980
USanta Barbara County
Lawyer Referral Service of the Santa Barbara County Bar Association / 805-569-9400
UVentura County
San Fernando Valley Bar Association Lawyer Referral and Information Service/ 818-340-4529
(serves Ventura and San Fernando Valley)
Ventura County Bar Association / 805-650-7599

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SERVICIOS DE LOCALIZACIÓN DE ABOGADOS
“El Tribunal de Distrito no avala ni garantiza los servicios prestados por cualquiera de las
organizaciones que figuran a continuación. Se provee esta información solamente como un servicio
al público.”

U Condado de Los Angeles
Bevery Hills Bar Lawyer Referral & Information Service / 310-553-4022
Servicio de Información y Localización de Abogados del Colegio de Abogados de Beverly Hills
Burbank Bar Association (Lawyer Referral Service and Legal Aid) / 818-843-0931
Colegio de Abogados de Burbank (Servicio de Localización de Abogados y Asistencia Legal)
El Centro de Acción, Inc. Community Service Servicio Comunitario / 626-792-3148
Glendale Bar Association Lawyer Referral Service / 818-956-1633
Servicio de Localización de Abogados del Colegio de Abogados de Glendale
Los Angeles County Bar Association Lawyer Referral & Information Service / 213-243-1525
Servicio de Información y Localización de Abogados del Colegio de Abogados del Condado de Los Angeles

Long Beach Bar Association (Lawyer Referral Service ) / 562-988-1122
Colegio de Abogados de Long Beach (Servicio de Localización de Abogados)
San Fernando Valley Bar Association Lawyer Referral & Information Service / 818-340-4529
Servicio de Información y Localización de Abogados del Colegio de Abogados del Valle de San Fernando
San Gabriel Valley Lawyer Referral Service / 626-966-5530
Servicio de Localización de Abogados del Valle de San Gabriel
Santa Monica Bar Association (Lawyer Referral & Information Service) 310-581-5163
Colegio de Abogados de Santa Mónica (Servicio de Información y Localización de Abogados)
Southeast District Bar Association (Lawyer Referral & Information Service) / 562-868-6787
Colegio de Abogados del Distrito Sureste (Servicio de Información y Localización de Abogados)

U Condado de Orange
Orange County Bar Association Lawyer Referral & Information Service / 949-440-6747
Servicio de Información y Localización de Abogados del Colegio de Abogados del Condado de Orange
Orange County Trial Lawyers (Lawyer Referral Service) / 714-571-5204
Abogados Judiciales del Condado de Orange (Servicio de Localización de Abogados)

U Condado de Riverside
Lawyer Referral Service of the Riverside County Bar Assn. / 951-682-7520 o 760-568-5555
Servicio de Localización de Abogados del Colegio de Abogados del Condado de Riverside

U Condado de San Bernardino
San Bernardino County Bar Association Lawyer Referral & Information Service / 909-888-6791
Servicio de Información y Localización de Abogados del Colegio de Abogados del Condado de San
Bernardino

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San Gabriel Valley Lawyer Referral Service / 626-966-5530
Servicio de Localización de Abogados del Valle de San Gabriel
Western San Bernardino County Bar Association (Lawyer Referral Service) / 909-945-2980
Colegio de Abogados del Condado de San Bernardino Oeste, (Servicio de Localización de Abogados)

U Condado de Santa Bárbara
Lawyer Referral Service of the Santa Barbara County Bar Association / 805-569-9400
Servicio de Localización de Abogados del Colegio de Abogados del Condado de Santa Bárbara

U Condado de Ventura
San Fernando Valley Bar Association Lawyer Referral & Information Service / 818-340-4529
Servicio de Información y Localización de Abogados del Colegio de Abogados del Valle de San Fernando
(En servicio a Ventura y el Valle de San Fernando)
Ventura County Bar Association / 805-650-7599
Colegio de Abogados del Condado de Ventura

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