Standing Order Regarding Newly Assigned Cases — Brandon Joe Williams v. United States Small Business Administration (Dkt. 6, C.D. Cal.)

Summary

A Standing Order Regarding Newly Assigned Cases in Brandon Joe Williams v. United States Small Business Administration, Case No. 2:24−cv−09553−RGK−SK, in the U.S. District Court for the Central District of California, dated November 5, 2024 and signed by District Judge R. Gary Klausner. The order states that the action is assigned to Judge Klausner's calendar and directs counsel to familiarize themselves with the Federal Rules of Civil Procedure, the Local Rules and the court's trial orders. It sets rules for the case, beginning with prompt service of the complaint under Fed. R. Civ. P. 4. It closes with requirements for applications to file under seal, including a designating party's declaration under L.R. 79-5.2.2(b)(i).

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Case 2:24-cv-09553-RGK-SK        Document 6     Filed 11/05/24    Page 1 of 8 Page ID #:82
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   8                       UNITED STATES DISTRICT COURT
   9                     CENTRAL DISTRICT OF CALIFORNIA
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        BRANDON JOE WILLIAMS                      CASE NO.
   11                                             2:24−cv−09553−RGK−SK
                      Plaintiff(s),
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             v.                    STANDING ORDER REGARDING
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      UNITED STATES SMALL BUSINESS NEWLY ASSIGNED CASES
   14 ADMINISTRATION
   15               Defendant(s).
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              READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE.
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             This action has been assigned to the calendar of Judge R. Gary Klausner.
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        The responsibility for the progress of litigation in the Federal Courts falls not only
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        upon the attorneys in the action, but upon the Court as well. “To secure the just,
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        speedy, and inexpensive determination of every action,” Federal Rule of Civil
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        Procedure 1, all counsel are hereby ordered to familiarize themselves with the
   25   Federal Rules of Civil Procedure, particularly Federal Rules of Civil Procedure 16,
   26   26, the Local Rules of the Central District of California (available on the Court’s
   27   website at www.cacd.uscourts.gov), this Court’s Order for Jury Trial, and this
   28   Court’s Order for Court Trial.

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Case 2:24-cv-09553-RGK-SK        Document 6       Filed 11/05/24   Page 2 of 8 Page ID #:83
   1          UNLESS OTHERWISE ORDERED BY THE COURT, THE

   2    FOLLOWING RULES SHALL APPLY:

   3          1. Service of the Complaint. The Plaintiff(s) shall promptly serve the

   4    Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service

   5    pursuant to Local Rule. Any Defendant(s) not timely served shall be dismissed

   6    from the action without prejudice. Any “DOE” or fictitiously-named Defendant(s)

   7    who is not identified and served within 90 days after the case is filed shall be

   8    dismissed pursuant to Federal Rule of Civil Procedure 4(m). Proof of service

   9    of the summons and complaint shall be filed within 5 days of service of said

   10   documents.

   11         2. Removed Actions.        Any answers filed in state court must be refiled in

   12   this Court as a supplement to the petition. Any pending motions must be re-noticed

   13   in accordance with Local Rules. If an action is removed to this Court that contains

   14   a form pleading, i.e., a pleading in which boxes are checked, the party or parties

   15   utilizing the form pleading must file an appropriate pleading with this Court within

   16   thirty (30) days of receipt of the Notice of Removal. The appropriate pleading

   17   referred to must comply with the requirements of Federal Rules of Civil Procedure,

   18   Rules 7, 7.1, 8, 9, 10 and 11.

   19         3. Petitions under 18 U.S.C. Section 983(f). Petitioner(s) shall file and

   20   serve within 3 days of the date of this order an ex parte application requesting a

   21   hearing on the Petition to ensure prompt resolution of the Petition in compliance

   22   with section 983(f)’s deadlines.

   23         4. Presence of Lead Counsel. The attorney attending any proceeding

   24   before this Court, including all status and settlement conferences, must be the lead

   25   trial counsel. However, with respect to Scheduling Conferences, any attorney of

   26   record who is authorized to request and accept scheduling dates may appear in lieu

   27   of the lead trial counsel.

   28   \\\


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Case 2:24-cv-09553-RGK-SK       Document 6      Filed 11/05/24    Page 3 of 8 Page ID #:84
   1         5. Discovery. All discovery matters have been referred to a United States

   2    Magistrate Judge to hear all discovery disputes. (The Magistrate Judge’s initials

   3    follow the Judge’s initials next to the case number.) All documents must include

   4    the words “DISCOVERY MATTER” in the caption to ensure proper routing.

   5    Counsel are directed to contact the Magistrate Judge’s Courtroom Deputy Clerk

   6    to schedule matters for hearing. Please do not deliver courtesy copies of these

   7    papers to this Court.

   8         The decision of the Magistrate Judge shall be final, subject to modification

   9    by the District court only where it has been shown that the Magistrate Judge’s

   10   order is clearly erroneous or contrary to law. Any party may file and serve a motion

   11   for review and reconsideration before this Court. The moving party must file and

   12   serve the motion within ten (10) days of service of a written ruling or within ten

   13   (10) days of an oral ruling that the Magistrate Judge states will not be followed by

   14   a written ruling. The motion must specify which portions of the text are clearly

   15   erroneous or contrary to law, and the claim must be supported by points and

   16   authorities. Counsel shall deliver a conformed copy of the moving papers and

   17   responses to the Magistrate Judge’s clerk at the time of filing.

   18        6. Motions and Trial Briefs. Motions shall be filed and set for hearing in

   19   accordance with Local Rule 6-1, except (1) the notice of motion shall be filed with

   20   the Clerk not later than twenty-eight (28) days, and no earlier than thirty-five (35)

   21   days, before the date set for hearing; and (2) this Court hears motions on Mondays

   22   commencing at 9:00 a.m. If Monday is a national holiday, this Court will hear

   23   motions on the succeeding Tuesday. If the date the motion was noticed for hearing

   24   is not available, the Court will issue a minute order resetting the date. Any

   25   opposition or reply papers due on a holiday are due the preceding Friday, not

   26   the following Tuesday. Memoranda of Points and Authorities, pretrial briefs,

   27   trial briefs, and postrial briefs (including oppositions thereto) shall not

   28   exceed 20 pages, nor exceed 5,600 words, including headings, footnotes, and


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Case 2:24-cv-09553-RGK-SK         Document 6        Filed 11/05/24    Page 4 of 8 Page ID #:85
   1    quotations. Replies shall not exceed 10 pages. These page and word count

   2    limitations exclude the caption, table of contents, table of authorities, signature

   3    block, and certification required by Local Rule 11−6.2. Only in rare instances

   4    and for good cause shown will the Court agree to extend these limitations.

   5    Pursuant to Local Rule 11-3.1.1, either a proportionally spaced or monospaced font

   6    may be used. A proportionally spaced font must be 14-point or larger, or as the

   7    Court may otherwise order. A monospaced font may not contain more than 10½

   8    characters per inch.

   9         Motions, Oppositions, and Replies shall be electronically filed only.

   10   With the exception of physical exhibits, all documents supporting the motion,

   11   opposition, or reply (e.g., declarations, exhibits, statements of undisputed or

   12   disputed facts, judicial notices) shall also be electronically filed only, and filed

   13   as attachments to the corresponding brief. Furthermore, each supporting

   14   document shall be filed as an individual attachment, such that each document

   15   can be accessed by its own individual link. Each attachment shall be

   16   designated by the title of the document.

   17   Example (Docket Entry for Defendant’s Notice of Motion and Motion for

   18   Summary Judgment):

   19       Document Selection Menu

            Select the document you wish to view.
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            Document Number: 100         23 pages            150 kb
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            Attachment     Description
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            1               Separate Statement of Undisputed Facts    10 pages   50 kb
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            2               Declaration of Bob Smith                  4 pages    30 kb
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            3               Exhibit A - Purchase Agreement            5 pages    1.2 mb
   26       4               Exhibit B - Jones Deposition              10 pages   0.9 mb
   27       5               Exhibit C - Thomas Declaration            3 pages    23 kb

   28       6               Proposed Order                            2 pages    20 kb


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Case 2:24-cv-09553-RGK-SK        Document 6      Filed 11/05/24    Page 5 of 8 Page ID #:86
   1    Within the parties’ briefs, any reference to information or evidence contained

   2    in the supporting documents shall contain the documents’ location in the

   3    citation. Example: Plaintiff and Defendant executed the Purchase Agreement on

   4    January 2, 2010. (Purchase Agreement, Smith Decl., Ex. A at p.5, Docket entry)

   5    100-3

   6         Motions for Summary Judgment: Without prior permission from the Court,

   7    no party may file more than one motion pursuant to Fed.R.Civ. P. 56 regardless

   8    of whether such motion is denominated as a motion for summary judgment or

   9    summary adjudication.

   10        Motions for Judgment on the Pleadings: Without prior permission from the

   11   Court, no party may file more than one motion pursuant to Fed.R.Civ. P. 12(c).

   12        Motions to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6): Where a defendant

   13   has filed a Rule 12(b)(6) motion, and in lieu of filing an opposition, if the plaintiff

   14   intends to file an amended complaint, the plaintiff shall file either the Amended

   15   Complaint or a Notice of Intent to File Amended Complaint prior to the date on

   16   which the other than opposition is due. Failure to do so may result in sanctions.

   17        7. Motion for Class Certification. For any action purporting to commence

   18   a class action other than an action subject to the Private Securities Litigation

   19   Reform Act of 1995, the plaintiffs must file a Motion for Class Certification no

   20   later than 90 days from the date the complaint was served, unless showing of good

   21   cause has been made.

   22        8. Proposed Orders. Each party filing or opposing a motion or seeking the

   23   determination of any matter (e.g., ex parte applications, stipulations, and general

   24   requests) shall electronically file and lodge a proposed order setting forth the relief

   25   or action sought and a brief statement of the rationale for the decision with

   26   appropriate citations.

   27        9. Preparation of Documents/PDF. Counsel shall adhere to Local Rule

   28   5-4.3.1 with respect to the conversion of all documents to a PDF so that when


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Case 2:24-cv-09553-RGK-SK       Document 6       Filed 11/05/24    Page 6 of 8 Page ID #:87
   1    a document is electronically filed, it is in the proper size and format that is PDF

   2    searchable.

   3         10.   Telephonic and/or Video Hearings. The Court does not permit

   4    appearances or arguments by way of telephone conference calls or remote video

   5    appearance.

   6         11.   Ex Parte Applications. The Court considers ex parte applications on

   7    the papers and does not usually set these matters for hearing. If a hearing is

   8    necessary, the parties will be notified. Ex parte applications are solely for

   9    extraordinary relief and should be used with discretion. Sanctions may be imposed

   10   for misuse of ex parte applications. See Mission Power Engineering Co. v.

   11   Continental Casualty Co., 883 F.Supp. 488 (C.D. Cal. 1995).

   12        Counsel’s attention is directed to the Local Rules. The moving party shall

   13   serve the opposing party and shall notify the opposition that opposing papers must

   14   be filed not later than 3:00 p.m. on the first business day following service. If

   15   counsel does not intend to oppose an ex parte application, he or she must inform

   16   the Courtroom Deputy Clerk at joseph_remigio@cacd.uscourts.gov.

   17        12.   Continuances. This Court has a strong interest in keeping scheduled

   18   dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm

   19   and will rarely be changed. Therefore, a stipulation to continue the date of any

   20   matter before this Court must be supported by a sufficient basis that demonstrates

   21   good cause why the change in the date is essential. Without such compelling

   22   factual support, stipulations continuing dates set by this Court will not be approved.

   23   Counsel requesting a continuance must file a stipulation and lodge a proposed

   24   order including a detailed declaration of the grounds for the requested continuance

   25   or extension of time. See Local Rules. Failure to comply with the Local Rules and

   26   this Order will result in rejection of the request without further notice to the parties.

   27   Proposed stipulations extending scheduling dates do not become effective unless

   28   and until this Court so orders. Counsel wishing to know whether a stipulation has


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Case 2:24-cv-09553-RGK-SK       Document 6      Filed 11/05/24    Page 7 of 8 Page ID #:88
   1    been signed shall comply with the applicable Local Rule.

   2         13.   Communications with Chambers. Counsel shall not attempt to

   3    contact the Court or its staff by telephone or by any other ex parte means. Counsel

   4    may contact the Courtroom Deputy Clerk with appropriate inquiries only. Counsel

   5    shall not contact the Courtroom Deputy regarding status of ruling on motions, ex

   6    parte applications or stipulations. Counsel shall not contact the Court to ask if

   7    a matter is going forward. Notice will be given if the matter is taken off calendar.

   8         14.   Order Setting Scheduling Conference. Pursuant to Federal Rule of

   9    Civil Procedure 16(b), the Court will issue an Order setting a Scheduling

   10   Conference as required by Federal Rule of Civil Procedure 26 and the Local Rules

   11   of this Court. Strict compliance with Federal Rules of Civil Procedure 16 and 26

   12   is required.

   13        15.   Notice of this Order. Counsel for plaintiff or plaintiff (if appearing on

   14   his or her own behalf) shall immediately serve this Order on all parties, including

   15   any new parties to the action. If this case came to the Court by a Petition for

   16   Removal, the removing defendant(s) shall serve this Order on all other parties.

   17        16.   Courtesy Copies. Chambers copies are not required at this time with

   18   exception of any copies specifically requested by the Court, any physical items

   19   including CD’s or flash drives, and any sealed documents and criminal documents

   20   as set forth below. Any paper copy or physical item to be delivered to the Court

   21   shall be delivered to and placed in the Judge’s courtesy box, located outside of the

   22   Clerk’s office, on the 12th floor of the Roybal Federal Building, 255 East Temple

   23   Street, Los Angeles. Chambers copies of under seal documents shall all be placed

   24   together in a manila envelope labeled “UNDER SEAL.”

   25   Criminal matters:

   26   Sentencing memoranda greater than 20 pages in length. All exhibits, declarations,

   27   etc. to chambers copies must be tabbed, where applicable. Blue-backs and hole

   28   punches are not required. Chambers copies of under seal documents shall all be


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Case 2:24-cv-09553-RGK-SK        Document 6      Filed 11/05/24      Page 8 of 8 Page ID #:89
   1     placed together in a manila envelope labeled “UNDER SEAL.”

   2          17.   Applications to File Documents Under Seal. For detailed instructions

   3     and information on the procedures for filing documents under seal, please refer to

   4     to Local Rule 79-5 Confidential Court Records - Under Seal. With regard to

   5     Under-seal Documents in Non-sealed Civil Cases (L.R. 79-5.2.2), the filing party

   6     shall not provide a chambers or courtesy copy of the Application or any associated

   7     documents. Please bear in mind that all applications must (1) indicate which

   8     portions of the documents to be filed under seal are confidential; and (2) provide

   9     reason(s) as to why the parties’ interest to file the document(s) under seal outweighs

   10    the public’s right to access. If a party submits an application to file under seal

   11    pursuant to a protective order only (i.e., no other reason is given), the Court will

   12    automatically deny the application if the party designating the material as

   13    confidential does not file a declaration pursuant to L.R. 79-5.2.2(b)(i). This

   14    declaration shall be entitled: “DESIGNATING PARTY’S DECLARATION IN

   15    SUPPORT OF APPLICATION TO FILE UNDER SEAL PURSUANT TO

   16    PROTECTIVE ORDER”.

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            IT IS SO ORDERED.
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        DATED: November 5, 2024                        /s/ R. Gary Klausner
   19                                                 R. Gary Klausner
                                                      United States District Judge
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