Case 2:11-cv-10692-SVW-MLG Document 10 Filed 01/06/12 Page 1 of 5 Page ID #:381
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`CASE NO.: 2:11-cv-10692-SVW-MLG
`NEW CASE ORDER
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`))))))))))
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`Preservation Technologies LLC,
`Plaintiff
`vs.
`Dish Network Corporation,
`Defendant.
`
`
`This case has been assigned to the calendar of Judge Stephen V. Wilson. The
`Court fully adheres to Rule 1 of the Federal Rules of Civil Procedure which requires
`that the Rules be “construed to secure the just, speedy and inexpensive determination
`of every action.”
`Counsel should also be guided by the following special requirements:
`1. The Plaintiff shall promptly serve the complaint in accordance with the Fed.
`R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3.
`2. The attorney attending any proceeding before this Court must be the attorney
`who is primarily responsible for the conduct of the case.
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`Case 2:11-cv-10692-SVW-MLG Document 10 Filed 01/06/12 Page 2 of 5 Page ID #:382
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`3. Motions: Motions shall be filed and set for hearing in accordance with Local
`Rule 6-1 and Local Rules 7-4 through 7-8. Parties are advised that these Local Rules
`were amended effective January 1, 2010. Motions are heard on Mondays at 1:30 p.m.,
`unless otherwise ordered by this Court. If Monday is a national holiday, this Court
`DOES NOT hear motions on the succeeding Tuesday. Any motions noticed for a
`holiday shall automatically be set to the next Monday without further notice to the
`parties.
` A. Page Limits: Memoranda of Points and Authorities in support of or in
`opposition to motions shall not exceed 25 pages. Replies, thereto, shall not exceed
`12 pages. These are maximum page limits. It is the Court’s preference that the
`pleadings be shorter. If it cannot be said briefly, then it is not a “brief.”
` B. Motions for Summary Judgment: Use of depositions.
` Pursuant to Local Rule 32-1, no original or copy of a deposition shall be
`lodged in support of a Motion for Summary Judgment (or other substantive motion).
`Counsel shall file the pertinent excerpts of depositions as an exhibit or supplement to
`said motion.
`4. DISCOVERY: ALL DISCOVERY MATTERS HAVE BEEN REFERRED
`TO A UNITED STATES MAGISTRATE JUDGE (see initial designation in
`parenthesis following the case number) for the specific purpose of hearing all
`discovery matters. Discovery disputes of a significant nature should be brought
`promptly before the Magistrate Judge. The Court does not look favorably upon delay
`resulting from unnecessarily unresolved discovery disputes. Any discovery disputes
`that are not resolved three (3) weeks prior to the scheduled trial date should be
`brought promptly and directly to the attention of this Court. Counsel are directed to
`contact the clerk for the assigned Magistrate Judge to schedule matter for hearing.
`The words DISCOVERY MATTER shall appear in the caption of all documents
`relating to discovery to insure proper routing.
`The decision of the Magistrate Judge shall be final and binding, subject to
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`Case 2:11-cv-10692-SVW-MLG Document 10 Filed 01/06/12 Page 3 of 5 Page ID #:383
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`modification by the District Court only where it has been shown that the Magistrate
`Judge’s order is clearly erroneous or contrary to law.
`Within ten (10) days of an oral ruling which the Magistrate Judge indicates will
`not be followed by a written ruling, or within ten (10) days of service upon him/her
`of a written ruling any party may file and serve a motion for review and
`reconsideration before this Court, specifically designating the portions of the decision
`objected to and specifying wherein such portions of the decision are clearly erroneous
`of contrary to law, with points and authorities in support thereof. A copy of the
`moving papers and responses, etc., shall be delivered to the Magistrate Judge’s clerk
`for review upon the filing of said documents.
`5. EX PARTE APPLICATIONS: Ex parte applications are considered on the
`papers and are not set for hearing. Counsel are advised to file and serve their ex parte
`applications as soon as they realize that extraordinary relief is necessary. Counsel are
`advised that this Court allows ex parte applications solely for extraordinary
` relief. Sanctions may be imposed for misuse of ex parte applications. See In Re:
`Intermagnetics America, Inc., 101 Bankr. 191 (C.D. Cal. 1989). The requesting party
`shall notify the responding party that opposing papers must be filed not later than
`3:00 p.m. on the first business day succeeding the day the ex parte was served.
`If counsel are not going to oppose the ex parte application, they must inform the clerk
`at (213)894-2881. Counsel will be notified by the clerk of the Court’s ruling.
`6. TRIAL PREPARATION: This Court strives to set trial dates as early as
`possible and does not approve of unnecessarily protracted discovery. This Court
`issues an “Order Re: Trial Preparation” upon the setting of a trial date.
`7. 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 a continuance. Counsel requesting
`a continuance MUST submit a detailed declaration as to the reason. Any continuances
`requested not accompanied by said declaration will be rejected without notice to the
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`Case 2:11-cv-10692-SVW-MLG Document 10 Filed 01/06/12 Page 4 of 5 Page ID #:384
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`parties. The Court sets firm trial dates and will not change them without good cause
`having been shown.
`8. STIPULATIONS: NO stipulations extending scheduling dates set by this
`Court are effective unless approved by this Court. All stipulations must be
`accompanied by a detailed declaration explaining the reason for the stipulation. Any
`stipulation not in compliance with this Order or the Local Rules of the Central District
`will automatically be rejected without notice to the parties. Stipulations shall be
`submitted well in advance of the relief requested. Counsel wishing to know whether
`or not a stipulation has been signed shall comply with Local Rule 11-4.5.
`9. NOTICE: Counsel for plaintiff, or plaintiff, if appearing on his or her own
`behalf, is required to promptly give notice of these requirements to the opposing
`parties or their counsel. If this case came to this Court via a Notice for Removal, this
`burden falls to the removing defendant.
` 10. NOTICE OF REMOVAL: Any answers filed in state court must be re-filed
`in this Court as a supplement or exhibit to the Notice. If an answer has not, as yet,
`been filed, said answer or responsive pleading shall be filed in accordance with the
`Federal Rules of Civil Procedure and the Local Rules of the Central District. Any
`pending motions must be re-noticed according to Local Rule 7-4.
`11. BANKRUPTCY APPEALS: Counsel shall comply with the ORDER RE
`PROCEDURE TO BE FOLLOWED IN APPEAL FROM BANKRUPTCY COURT
`issued at the time the appeal is filed in the District Court. The matter is considered
`submitted upon the filing of the appellant’s reply brief. No oral argument is held
`unless by order of this Court.
`12. TRANSCRIPTS: Requests for transcripts shall be made to the Court
`Reporter who reported the event. Reporter information can be found on the Court's
`website at www.cacd.uscourts.gov, under Court Addresses & Directories - Western-
`Spring or Western-Roybal. For additional Court Reporter Information, you may
`contact the Court Reporter Scheduler at (213) 894-0658. Arrangements for daily
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`Case 2:11-cv-10692-SVW-MLG Document 10 Filed 01/06/12 Page 5 of 5 Page ID #:385
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`transcripts shall be made not later than five (5) days prior to the hearing or trial to be
`transcribed. Requests for daily transcripts made on the day of the hearing/trial to be
`transcribed may not be honored; it shall be at the discretion of the assigned court
`reporter.
`Counsel representing the United States or one of its agencies shall present a
`preauthorization purchase order when ordering transcripts.
`13. E-FILING: Mandatory chambers copies of all electronically filed
`documents must be delivered to the chambers no later than 12:00 noon the following
`business day.
`
`Dated: January 6, 2012
`
`
`STEPHEN V. WILSON
`UNITED STATES DISTRICT JUDGE
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