Fed Filing (1:6:20) - Outline PDF

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CM/ECF Helpdesk: - Phone number & email available Partner provides case - Federal rules of civil procedure - Local rules for central district of CA - Look at standing order [posted on judge’s page] and scheduling order [regarding your specific cases] Does Judge Gee require courtesy copies of complaints? - Sear Judge Gee—no courtesy copy required - Mandatory Chambers Copies: All original filings are to be filed electronically pursuant to Local Rule 5-4.One mandatory chambers copy of only the following filed documents: Does Judge Birotte require courtesy copies of complaints? - Judge Birotte—courtesy copy required [civil] but no complaints in criminal [inditement] - This Court only requires a MANDATORY CHAMBERS COPY of the following: - Civil Matters: Initial pleadings (complaints, counterclaims, cross-claims), Joint Rule 16(b)/26(f) Reports, motion papers (motions, oppositions, replies, non-oppositions, and any related documents), trial documents (joint statement of the case, proposed voir dire questions, jury instructions, verdict form, exhibit list, witness list, and any related disputes), ex parte applications for temporary restraining orders, and presentation materials for patent cases. -

Each mandatory chambers copy must be printed from CM/ECF and must include: (1) the CM/ECF-generated header (consisting of the case number, document control number, date of filing, page number, etc.) at the top of each page; and (2) the Notice of Electronic Filing (NEF) as the last page of the document.

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The chambers copies shall be delivered to and placed in Judge Birotte's courtesy box, located outside of the Clerk's office, by 12:00 p.m. (noon), on the first court date after the filing date.

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All exhibits, declarations, etc. to chambers copies must be tabbed, where applicable. Bluebacks are not required. Do not place chambers copies in envelopes. The document should be printed as it appears [i.e., if picture is in color]

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Who is Judge Staton’s courtroom deputy [CRD]? - Terry Guerrero For question about filing before Judge Selna, the best way to address the deputy clerk is to call her. - False; email What time does the First Street Courthouse close? - 4pm [business]; 6pm [building] - May be relevant depending on circumstances; some judges have their box for a courtesy copy in their clerk’s office [which may be closed after 4pm] but other judges have their box outside their office [which may be open until 6pm]

REMOVAL - 30 days from when the last defendant was served - This deadline cannot be extended via agreement [stipulation] - Procedural steps for removals: 1. Notice of removal in state where action pending; and 2. Includes all documents currently obtained in case [i.e., complaint, etc.]; and 3. Joinder of codefendants; and 4. Case Initiating documents/ First Appearance documents  Corporate Disclosure & Notice of Interested Parties: must be refiled by defendant  Notice of related cases: must be refiled by defendant  Other notices [i.e., intradistrict assignment, trademark notice, copyright notice]  Civil cover sheet ** often bounced back because defendant fails to refile the (1) corporate disclosure & notice of interested parties; and (2) notice of related cases [both of which were filed with the initial filing of complaint] ** **HELPFUL TIP: paper & CM/ECF filing for initial service until opposing party has filed response – and provide state court a copy of the paper service **HELPFUL TIP: Provide separate notice to state court, attaching filing provided to federal court **HELPFUL TIP: Provide copy of notice [proof of service to state court] to federal court [to show that “notice to state court” was submitted] **HELPFUL TIP: In pleading, lay out why this is timely removal [within the 30 days], whether joinder was necessary Responses by court: - Approve the motion—removal to federal court - Order to show cause [requesting proof of why party has jurisdiction to remove case] - Overrule the motion—but usually issues order to show cause **HELPFUL TIP: may see which judge has low number of cases to have all [multiple related cases] seen before same judge How to determine venue: - The division where the state complaint was filed [i.e., if state court in Santa Ana, then federal courts in Santa Ana, as opposed to LA] If court approves the motion: - Defendant has 21 days from filing of initial complaint [not since removal] to answer in federal court unless stipulation to extend o Defendant stipulates with plaintiff [if less than 30 days since initial filing of complaint] for an additional 30 days  **HELPFUL TIP: reach out asking opposing counsel to stipulate to extend  Automatic [8-3] becomes effective, as soon as filed in federal courts  But cannot use 8-3 if an amended complaint

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Then request through stipulation and proposed order – ask court  Same as 8-3 stipulation, but done through the court; motion is the same except it also requires an order to show good cause [why the extension is necessary]

STIPULATIONS What goes in the body of the stipulations: - That both sides agree to the stipulation - Why necessary - Signatures by both counsel o Attestation required, pursuant to this rule that permission has been granted to use the other person’s signature - Common practice: the party that requests the extension is the one that files and drafts it (1) Pay attention to how long you are asking a. If first request [not amended complaint]  not required to go through court (2) Requires agreement by both parties (3) Not particularly consequential whether attestation included [for opposing party signature] and legal terminology [therefore, whereas, etc.] (4) But when asking the court a. Requires showing of good faith b. Requires asking for proposed order i. PDF filed and word copy emailed to court 1. Detailed email; see local rules 2. i.e., Judge local rules provide email subject title

**HELPFUL TIP: any time making request, proposed order is required; document is filed with the document [submitted both as PDF electronically and emailed per the local rules]

**HELPFUL TIP: when asking for extension, provide that it is to “answer or otherwise respond” Central district - No automatic—always requires asking the judge - Also called joint motion If a mistake: - I.e., wrong document was submitted o File Notice of Withdrawal o Refile Document - Contact the clerk to ask how to proceed Stipulation—cover page (1) Caption a. Attorneys b. Bar number c. Parties represented

d. Case number (2) Look at the timing a. Because 45 days, then required to do a stipulation and proposed order (3) Title: “Stipulation to extend time to respond to complaint” a. May included or not the amount of 45 days b. Advised to include whether a first or second stipulation for this particular matter c. But if under 30 days, then pursuant to the 8-3 Local Rules d. Advised to include if a stipulation to a complaint, first amended complaint, etc. (4) Documents included [listed under the title] a. Complaint served b. Current response date: 1/8/20 c. Requested response date: 2/24/2020 [if a Saturday/ Sunday/ holiday next business day] d. [Proposed order concurrently filed]—optional Counting the requested date - Deadline calculator May include footnote that date is pushed back to next business day because the date falls on weekend Stipulation—page 2 - State the parties [see below] This stipulation is between Plaintiff ABC Corp. and Defendant XYZ, Inc. based on the following facts. 1. Complaint was filed on ___ and served on Defendant XYZ Inc. on ___. Accordingly, the correct response deadline is January 8, 2020. 2. Defendant XYZ has requested from Plaintiff ABC, and Plaintiff ABC has agreed to extend the deadline to answer otherwise respond by 47 days. [or alternatively may state 45 days, and include footnote indicating that 45 days is on Saturday], up to and including February 24, 2020. 3. Defense counsel requires additional time to respond to the complaint because counsel was recently retained and counsel requires additional to review the record. Now, therefore, the parties request to this Court that the deadline to answer or otherwise respond to the complaint be extended by 47 days. It is so stipulated. DATED: January 6, 2020 UCI LAW FIRM XXXX By: _____________ DATED: January 6, 2020

UCI LAW FIRM YYY By: _____________

EX PARTY Ex Party request—disfavored by federal judges [emergency notions] - Typically required by local rules that there be communication with opposing counsel, and whether the opposing party would be opposing the motion - Ex-Party applications can be used for many things, i.e., to continue the hearing - Holding: denied [often are] because plaintiff does show irreparable harm – see Mission Powers

ANSWER - Admit/ deny allegations of the complaint - In state court you may have a general allegation - But in federal court, to use the general allegation, every allegation has to be false o But typically must go, paragraph by paragraph and admit or deny -

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Caption: first pleading must include everything; after that, you can use “et al.” o Include the demand for jury trial [in first pleading] o Includes the judge o Includes courtroom number o Includes case number Numbered complaints o If plaintiff erroneously included two #4, defense will also, and include a footnote indicating as such o Copy the plaintiff’s heading o Responses:  Sometimes denied  Often denied because we don’t have the facts yet Include prayer for relief o That we have denied what they have requested Include affirmative defenses o Look to CACI Jury instructions

For an answer [if first pleading—no removal], then file your first appearance documents - Certificate/ disclosure [interested parties; corporate disclosures] - Notice of related case - Other notices Can also include a counterclaim in the answer - No crossclaims in federal court - If including a counterclaim, include that in the caption and include a counterclaim header MOTION TO DISMISS - Motion to attack pleading - Notice of motion - Memorandum of the points & authorities - ** Notice and memo typically included in one PDF for most jurisdictions** - Exhibits – if filing exhibits, include a request for judicial notice [typically limited to pleading] - Declarations– if filing exhibits, include a request for judicial notice [typically limited to pleading] - Typically do not require certificate of service Before filing the motion, - Must meet and confer [7 days prior to filing the motion] o Can be as basic as an email, if response received indicating no further action required o Sometimes requires walking through the substantive basis - Must include the date in the statement in the motion stating compliance with 7-3

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Sometimes compliance is unfeasible [i.e., opposing party is out of town, etc.] Must plan in advance to meet with opposing counsel

Must have a hearing date - Earliest hearing date must be within 28 days - Don’t typically need to coordinate with opposing counsel - But do need to check what the judge’s availability is o If judge only hears motion on certain date, earliest date is the date the judge hears motions after the date calculated by the 28 day rule o But what happens if the date selected is a closed date go to next date  I.e., Judge Staton has many closed motion dates [capped at 10 per day]  May result in hearing be held at a later date Notices - Always include the date of the hearing [date & time] and the name of the judge - Always includes the grounds & why moving to dismiss Page limit for motions - The Notice does not count; just the memorandum [not exhibits, etc.]—indicated via local rules - Typically limited by local rules to 25 pages If this is the first filing, include the first appearance documents - The corporate disclosure/ certificate of interested parties - Notices Table of contents & Table of authorities - Local rule requires both for documents over [x] pages—usually 10 pages After you file motion, opposing party files opposing & reply - Timing requirement provided via local rules - In central district, the opposing is 21 days out from the hearing o Dates operate every 7 days from the hearing...