|Some information regarding procedures and schedules is provided below. Counsel should review and strictly comply with all provisions of the Local Rules (unless specifically superseded by an order of this Court) and the Federal Rules of Civil Procedure. Copies of the Local Rules can be found at http://www.cacd.uscourts.gov/court-procedures/local-rules or purchased from one of the following: |
Los Angeles Daily Journal
915 East 1st Street
Los Angeles, CA 90012
210 South Spring Street
Los Angeles, CA 90012
610 Opperman Drive
Eagan, Minnesota 55123
Civil motions are heard on Mondays at 8:30 a.m.
Criminal motions are heard on Thursdays at 8:30 a.m.
Motions in limine are heard at the Final Pretrial Conference.
When Monday or Thursday is a holiday, the next motion date is the following Monday or Thursday.
It is not necessary to reserve a motion date with the Courtroom Deputy Clerk prior to filing the motion, but counsel must comply with all Local and Federal Rules regarding service and must review the Court’s Closed Motion Dates. If the Court does not believe that oral argument will be helpful, the Court will advise the parties in advance.
Counsel shall refer to the Court’s Initial Standing Order for the Court’s rules with respect to briefing motions.
Telephone Appearances. The Court will entertain a telephonic appearance for status conferences or scheduling conferences only. Counsel shall contact the Courtroom Deputy Clerk for further instructions at least three (3) court days before the scheduled hearing. The Court does not entertain a telephonic appearance for any other hearing unless it is an exceptional and unanticipated circumstance. Any request for a telephonic appearance due to such circumstances must be e-filed at least five (5) court days before the scheduled hearing and shall include a declaration from counsel setting forth the basis for the request with a proposed order. The Court does not use Court Call. If the request is granted, the order will include the information for the call. Please note that cell phones or the use of speaker phones are not permitted for any telephonic appearance.
Discovery Motions.All discovery motions are to be calendared before the Magistrate Judge.
Tentative Rulings. Written tentative rulings may be issued. If issued, they will be available in the courtroom on the morning of the hearing. If a written tentative ruling is not issued, the Court will provide an oral tentative ruling at the outset of the hearing on the motion.
Mandatory Chambers' Copies. Mandatory chambers’ copies of all e-filed motion papers and final pretrial documents shall be delivered to the courtesy copy box located outside the Clerk’s Office (Suite 181-L). It is imperative that mandatory Chambers’ Copies be delivered by noon following the date of filing as required by Local Rule 5-4.5. Failure to deliver timely mandatory chambers’ copies may result in a delay in hearing a motion or order taking the matter off calendar. The Court only requires chambers’ copies of motion papers and final pretrial documents. All other documents are not required.
* Bluebacks are not required. It is not required to two-hole punch courtesy copies.
** All Notice of Electronic Filing (“NEF”) shall be stapled to the last page of the pleading.
The Court does not accept mandatory Chambers’ Copies of documents sought to be filed under seal pursuant to Local Rule 79-5.1.
- Proposed Orders. Pursuant to Local Rule 52-4.1, a proposed order shall be e-filed as a separate attachment to any document seeking Court approval. All proposed orders, including evidentiary objections, shall be submitted through CM/ECF or e-mailed in either Word or WordPerfect to the Court’s Chambers’ email at: firstname.lastname@example.org. The Court does not require proposed orders to be submitted with any motion (e-filed or e-mailed) unless otherwise directed by the Court. The Court’s chambers’ email is used for proposed orders only and shall not be used to communicate with the Courtroom Deputy Clerk.
Ex Parte Applications/TRO. Ex parte applications are for extraordinary relief only. Ex parte applications are considered on the papers and ordinarily are not set for a hearing. (If the Court decides to conduct a hearing, the Courtroom Deputy Clerk will notify the moving party of the hearing’s time and date and will direct the moving party to provide immediate notice to the non-moving party.) The moving party shall give telephonic notice of the Ex Parte and serve the opposing party by either facsimile, email, or by personal service and shall notify the opposing party that any opposition must be filed no later than 24 hours after service of such facsimile, email, or personal service. If counsel do not intend to oppose the ex parte application, counsel must inform the Courtroom Deputy Clerk by telephone as soon as possible.
Status Inquiries. Please do not inquire by phone regarding the status of a motion, stipulation, or proposed order.
Contact with Chambers. Counsel shall not initiate telephone calls to Judge Kronstadt’s chambers or law clerks.
Calendar Conflicts. Counsel shall notify the Courtroom Deputy Clerk for each judge at least 24 hours prior to the date of the conflict. Counsel should appear before the most senior judge and request priority.
Continuances. Continuances are granted only upon a showing of good cause, particularly focusing upon evidence of diligent work by the party seeking delay and of prejudice that may result from the denial of the continuance. The Court sets firm trial dates and will not change them without good cause having been shown. Requests should be submitted well in advance of the relief requested. Counsel requesting a continuance, whether by application or stipulation, must submit a detailed declaration as to the reason(s). Such declaration shall include in its opening paragraph: the date the action was filed; the present trial date (if any); the date of the event for which continuance is sought; the date on which that date was set; and the date(s) and nature of any prior continuances of any proceeding in the action. The Court will not consider any request that does not comply with the Local Rules. Counsel should not assume the request is granted unless approved by the Court. See Local Rule 40-1. Any request shall be accompanied by a separate proposed order.
Electronic Equipment. ELMO reservations/tutorials may be made by referring to the Court website at http://www.cacd.uscourts.gov/clerk-services/courtroom-technology. Counsel may also contact the Courtroom Technology Help Desk (213) 894-3061) about such matters. Counsel should contact the Courtroom Deputy Clerk at the earliest possible date concerning procedures for bringing electronic equipment into the courtroom.
Transcripts. To obtain a transcript of any proceeding, please contact the assigned court reporter. To determine the court reporter for a particular proceeding, go to the Court Reporter Schedule web page and click on View by Date. Once you have determined the correct court reporter for the desired session, click on Court Reporter Phone and Email List for contact information.
Law Clerk/Extern Positions. Questions regarding law clerk/extern positions should be directed to Judge Kronstadt’s chambers by letter.
Trial. Hours: Trials are generally conducted Tuesday through Friday. The Court will adopt a particular time schedule on a case-by-case basis. In general, the schedule will be: (i) from 8:30 a.m. to 2:30 p.m. with two or three 20-minute breaks; or (ii) from 9:00 a.m. to 4:00 p.m., with a 15-minute break in both the morning and the afternoon, and a one-hour lunch break.
Exhibit Binders: One original (witness copy) and one copy (bench copy) shall be presented to the Courtroom Deputy Clerk on the first day of trial. Each binder shall be clearly labeled on the spine to include the case name, party, and volume number. The Court does not require specific exhibit tags so long as each document is bates-stamped and separated with a divider that is numbered. Each party shall use a different number sequence unless all exhibits will be deemed admitted pursuant to a stipulation of the parties.
Exhibit Lists: Lead trial counsel shall meet and confer at least fourteen (14) calendar days before the Final Pretrial Conference to discuss and seek to agree, to the extent possible, on issues including foundation and admissibility of proposed exhibits. A joint exhibit list, in a format that complies with Local Rule 16-6.1, shall be filed ten (10) calendar days prior to the Final Pretrial Conference. Counsel shall file a “Notice of Disputed Exhibits,” if applicable, which shall set forth the basis for any disputed exhibit(s). Counsel shall confer so that there are no duplicate exhibits.
All exhibits will be returned to counsel at the conclusion of the trial; copies will not be maintained by the Court. Counsel shall maintain the originals of all admitted and lodged exhibits as required by Local Rule 79-3 and 79-4.
Witness Lists: The joint witness list shall be filed ten (10) calendar days prior to the Final Pretrial Conference, which shall include a time estimate for the direct and cross-examination of each witness. At the time of trial, counsel shall provide three copies of the witness lists in the order in which the witnesses will be called to testify and three copies of witness lists in alphabetical order.
Court Trials: Counsel shall prepare direct testimony through declaration with the witnesses present for cross-examination and redirect in preparation for the trial, which shall be filed fourteen (14) days prior to the Final Pretrial Conference. Objections to the direct testimony declarations shall be filed seven (7) days prior to the Final Pretrial Conference. Counsel shall refer to the Court’s Initial Standing Order for the proper format.
Jury Instructions and Verdict Forms: The parties shall make every attempt to agree upon jury instructions and verdict forms before submitting proposals to the Court. The Court prefers CACI or Ninth Circuit model instructions. Counsel shall exchange proposed jury instructions (general and special) and special verdict forms (if applicable) twenty-one (21) calendar days prior to the Final Pretrial Conference. Counsel shall exchange any objections to the instructions and special verdict forms fourteen (14) calendar days prior to the Final Pretrial Conference. Counsel shall meet and confer with the goal of reaching an agreement on one set of joint jury instructions and one special verdict form prior to the Final Pretrial Conference.
Jury Instructions: The parties shall file proposed jury instructions no later than ten (10) calendar days before the Final Pretrial Conference. If the parties disagree over any proposed jury instruction(s), the parties shall file: (a) one set of proposed jury instructions to which the parties agree; and (b) one set of disputed jury instructions, which shall include a redline of any disputed language and/or the factual or legal basis for each party’s respective position as to each disputed instruction. Where appropriate, organize the disputed instructions by subject, so that the instructions that address the same or similar issues are presented sequentially. The parties shall deliver a courtesy copy of these documents pursuant to Local Rule 5-4.5. A final “clean” version of the jury instructions, which shall include the pre-instructions and the text only of each instruction (i.e., eliminating titles, supporting authority, indiction of party proposing, etc.) shall be provided to the Court on the first day of trial and sent via email in either Word or Word Perfect to the Court’s Chambers’ email at: email@example.com.
Verdict Form: The parties shall file a proposed verdict form no later than ten (10) calendar days before the Final Pretrial Conference. If the parties are unable to agree on a verdict form, the parties shall file one document titled “Disputed Verdict Forms” which shall include: (a) the parties’ respective proposed verdict form; (b) a redline of any disputed language; and/or (c) the factual or legal basis for each party’s respective position if the entire form is being disputed. The parties shall deliver a courtesy copy of the these documents pursuant to Local Rule 5-4.5. A final version of the verdict form shall be provided to the Court on the first day of trial and sent via email in either Word or Word Perfect to the Court’s Chambers’ email at: firstname.lastname@example.org.
Voir Dire: Counsel may submit proposed voir dire questions that are unique to the particular trial. Any such submission shall be made ten (10) calendar days prior to the Pretrial Conference.
Joint Statement of the Case; Mini-Opening Statements: Counsel shall meet and confer fourteen (14) calendar days prior to the Final Pretrial Conference to determine if, in lieu of a Joint Statement of the Case, they will stipulate to having each side make a brief (less than five minute), mini-opening statement to the panel of prospective jurors prior to the commencement of voir dire. Such mini-opening statements are not to be arguments. If all parties do not stipulate to the use of mini-opening statements, they shall meet and confer and seek to reach agreement on a Joint Statement of the Case to be read by the Court to the panel of prospective jurors prior to the commencement of voir dire. Counsel shall file the “Joint Statement of the Case” no later than ten (10) calendar days prior to the Final Pretrial Conference. If the parties cannot agree to such a joint statement, they shall file “Disputed Joint Statement of the Case,” which shall include each party’s respective proposed statement, together with a redline comparing the two statements. The parties shall deliver a courtesy copy pursuant to Local Rule 5-4.5. A final version of the joint statement shall be provided to the Courtroom Deputy Clerk on the first day of trial.
Settlement Procedure. Pursuant to Local Rule 16-15, in every civil case, the parties shall select a settlement procedure. If counsel have received a Notice to Parties of Court-Directed ADR Program (Form ADR-08), the case presumptively will be referred to the Court Mediation Panel or to private mediation. See General Order 11-10, §5.1 and Local Rule 26-1(c). The Court will discuss the proposed ADR procedure with the parties at the time of the Scheduling Conference and will issue the ADR-12 form once the settlement method is selected. For information about the Court’s ADR Program, review General Order 11-10, which is located on the “ADR” page of the Court’s website.
- Under Seal Documents. Effective July 8, 2013, this Court required that all under seal documents be submitted via email to the Court’s chambers’ email address. Counsel shall refer to the Court’s Order Re Under Seal Pilot Program and comply with this Order.
- Preparation of Documents / PDF. Counsel shall adhere to Local Rule 5-4.3.1 with respect to the conversion all pleadings to a PDF so that when a pleading is e-filed, it is in the proper size and format that is PDF searchable. Counsel may contact the Help Desk at 213-894-0242 for assistance.