1. Court Appearances. Proceedings will be held in person unless the parties are otherwise notified by the Court. If any party requests a telephonic or Zoom appearance, such a request must be filed in writing no later than two weeks before the proceeding.

   The Court values the importance of training junior attorneys. If a written request for oral argument is filed before a hearing in a non-prisoner case, stating that an attorney six or fewer years out of law school will argue the motion, then the Court will hold the hearing. Otherwise, the Court may find it appropriate to take a motion under submission without oral argument.

2. Extensions or Continuances. Requests to extend any deadlines or to continue any hearings should be filed at least three business days before the scheduled deadline or hearing. The request must detail good cause for the extension or continuance, whether any extensions or continuances were sought before, and whether those were granted or denied. If it is necessary to file an ex parte application to request an extension or continuance, the application must comply with Local Rule 7-11 and Local Rule 7-19 and must contain opposing counsel's position.

3. Ex Parte Applications. Strict compliance with Local Rule 7-19 is required. Any opposition must be filed within 24 hours of the electronic filing of the application. The Court will notify parties if a hearing is desired.

   A party submitting an ex parte application need not provide a party in custody with oral notice prior to filing, but must 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 must include 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 may not be used to obtain a ruling on a discovery dispute. The Court's procedures for discovery motions in civil cases are set forth below.

4. Communications with the Court. Inquiries regarding the status of a motion, stipulation, or proposed order should be directed to the Courtroom Deputy Clerk. Parties and counsel are not permitted to contact the Judge’s clerks.

5. Electronic Equipment. Counsel should contact the Courtroom Deputy Clerk prior to bringing electronic equipment into the courtroom.

6. Interpreters. In a civil case, it is the responsibility of the parties to obtain the services of an interpreter, if one is needed.

7. Transcripts. For information on ordering transcripts of a reported or digitally recorded proceeding, the parties should refer to Court Reporting Services​ [2].

8. Protective orders. Absent unusual circumstances, parties should prepare their protective orders based on the model protective order that is available for download below. When the parties submit a protective order based on this model order, a redline in Microsoft Word format shall also be provided by email to Chambers at MBK_Chambers@cacd.uscourts.gov [3] that shows all differences between the submitted order and model order. All proposed orders approving stipulated protective orders shall be submitted in Microsoft Word format with the full text of the stipulated protective order.

9. Under Seal Documents. Strict compliance with Local Rule 79-5.2 is required. Documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Documents filed electronically under seal must be accompanied by either a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required. The submission of documents for in camera review is governed by Local Rule 79-6.

10. Discovery Motions:

    1. Generally. Discovery motions are to be scheduled before the Magistrate Judge unless otherwise ordered by the District Judge. The parties are directed to review the scheduling order issued by the District Judge assigned to their case for all provisions related to discovery, including the discovery cutoff date (or discovery motion cutoff date). 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.

    2. Brief Pre-Discovery Motion Conference. In the Court's experience, discovery disputes often may be resolved without the need for formal motion papers. To facilitate the just and expedient resolution of discovery matters, the Court requires the parties to follow the procedures below for filing discovery motions. This procedure does not apply to ex parte applications or where a party to the discovery dispute is in custody.

       First, as Local Civil Rule 37-1 requires, the parties must meet and confer in a good-faith effort to resolve any discovery dispute. Second, if the parties conclude that they have reached an impasse, within one business day of the last meet-and-confer, the movant must e-mail the Court at MBK_Chambers@cacd.uscourts.gov [3] seeking a conference with the Court via Zoom to discuss the discovery dispute. The e-mail must include the following: (1) at least three proposed times mutually agreed upon by the parties for the conference via Zoom; (2) the discovery cut-off date in the case; (3) a neutral statement of each issue in dispute; and (4) a brief description of each party’s position on the dispute(s). For each dispute, the description may include a citation to no more than 2 pertinent cases decided by the Ninth Circuit, a district court in the Ninth Circuit, or (when applicable) the California Supreme Court or Court of Appeal. Each party’s description should be no more than 3 sentences per dispute.

       The movant must cc: opposing counsel on the e-mail. The email shall not contain attachments unless directed by the Court to do so.

       No discovery motion may be filed until the Court has conducted a pre-motion conference via Zoom 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.

    3. Discovery Motion Practice. The Court dispenses with the joint stipulation requirement under Local Civil Rule 37-2. The Court requires parties to file moving, opposing, and reply papers pursuant to Local Civil Rule 7. Unless otherwise ordered in the pre-discovery motion conference, the following rules apply to discovery motions practice.

       1. If leave of Court to file a discovery motion is granted and the Court does not set responsive dates, or after a pre-discovery motion conference the Court directs the parties to file a discovery motion and does not specify responsive dates, counsel shall follow Local Civil Rule 7-4 et seq. and file a properly noticed discovery motion.

       2. No discovery motion may exceed 10 pages unless leave of Court is obtained in advance.

       3. The opposition may not exceed 10 pages unless leave of Court is obtained in advance.

       4. Any reply is limited to 5 pages.

       5. Copies of all filed documents, including declarations or any other attachment(s), must be emailed to the chambers email address.

11. Criminal Document Duty.

    1. In accordance with General Order 19-01, government counsel are directed to email proposed documents to: MBK_CrimDuty@cacd.uscourts.gov [4]. Please include in the email subject line, the type of document attached for the document being e-filed, e.g., “Pen Register,” “Search Warrant”, “Application for . . . ,” “Motion or Request for . . . ,” etc., as well as the case number, if one is assigned. The email must include the phone number and email address of the agent who will swear out affidavits related to the criminal matter; and the name and phone number for the AUSA responsible for the documents.

    2. Law enforcement agents and/or the U.S. Attorney’s Office are encouraged to notify the Courtroom Deputy Clerk in advance of any anticipated applications that will include lengthy supporting affidavits.

    3. All warrants/criminal complaints will be attested to by telephone pursuant to Rule 4.1.

    4. The Court will email the AUSA/agent when the documents have been reviewed and provide procedures for the agent to contact chambers to be sworn.

    5. Please note that if the filer’s email to chambers is received after 4:00 p.m., the Court may not be able to complete his review of the application until the following day.

    6. For emergency matters filed outside of regular court hours, i.e., between 4:01 pm. and 8:00 a.m. the following day, please follow the procedures located on the Court’s website at http://www.cacd.uscourts.gov/court-procedures/filing-procedures/emergenc... [5].

12. Clerkship and Externship Opportunities. Prospective law clerk applicants should submit via https://oscar.uscourts.gov [6]. Extern applicants should send a cover letter, resume, unofficial undergraduate and law school transcripts, writing sample (maximum of ten pages), and three references to MBK_Chambers@cacd.uscourts.gov [3]

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