Case 8:19-cv-01151-DOC-KES Document 36 Filed 11/06/19 Page 1 of 6 Page ID #:333
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
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`UNILOC 2017 LLC
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`Plaintiff(s),
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` v.
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`NETSUITE, INC.
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`Defendant(s).
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`CASE NO:
`8:19−cv−01151−DOC−KES
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`INITIAL STANDING ORDER
`FOLLOWING ASSIGNMENT OF
`CIVIL CASE TO JUDGE CARTER
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` This case has been assigned to the calendar of Judge David O. Carter.
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`Whenever a new civil case is assigned to Judge Carter, the Court issues this Initial
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`Standing Order. It lays out some of the Judge's rules and expectations that litigants
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`should be familiar with from the beginning of their case. In addition to this Initial
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`Standing Order, litigants are required to follow the Federal Rules of Civil Procedure
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`and the Local Rules of the Central District of California.¹
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` The Court ORDERS as follows:
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`¹The most recent version of the Local Rules is available on the Central District of
`California's website (www.cacd.uscourts.gov), under "Court Procedures."
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`Case 8:19-cv-01151-DOC-KES Document 36 Filed 11/06/19 Page 2 of 6 Page ID #:334
`I. Court Appearances
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` The parties must appear in person for hearings and conferences before the
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`Court. The Court does not permit telephonic appearances.
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` Unless a party is representing him or herself, parties shall be represented by
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`lead counsel at all court appearances, including scheduling conferences.
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` Under no circumstances should counsel, or a party if the party is appearing
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`pro se, fail to appear at a court appearance unless their appearance has been waived
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`by prior order of the Court. Even if a settlement has been reached, counsel for all
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`parties, or the party if appearing pro se, must appear at court appearances until
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`a stipulation of dismissal signed by all parties has been lodged with the Court.
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`II. Scheduling
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` Pursuant to Rule 16(b), the Court will set a scheduling conference and issue a
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`scheduling order in each case. Litigants should familiarize themselves with the
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`Court’s standard Order Setting Scheduling Conference and the Court’s standard
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`Scheduling Order & Order re: Pretrial and Trial Procedures, which describe the
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`typical schedule and procedures used in this Court.²
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` The Court is flexible in setting initial dates. Therefore, Parties should meet
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`and confer to select mutually agreeable dates. The Court strongly encourages
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`Parties to stipulate to the initial schedule, and endeavor to accommodate counsel’s
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`previously scheduled dates that produce good faith calendar conflicts. Counsel are
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`encouraged to reference the Central District’s Civility and Professionalism
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`Guidelines, which can be found on the Court’s website.
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`III. Continuances and Extensions of Deadlines
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` This Court has a strong interest in adhering to scheduled dates. Changes in
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`dates are disfavored. Trial dates set by the Court are firm and will rarely be
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`changed, except that the Court may advance the trial date up to two weeks.
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`²All of Judge Carter’s standing orders are available at Judge Carter’s home page
`located under “Judges’ Procedures and Schedules.”
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`Case 8:19-cv-01151-DOC-KES Document 36 Filed 11/06/19 Page 3 of 6 Page ID #:335
`Therefore, any request, whether by application or stipulation, to continue the
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`date of any matter before this Court must be supported by a detailed explanation
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`of the grounds for the requested continuance or extension of time. Without
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`compelling factual support, requests to continue dates set by this Court will
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`not be approved. Proposed stipulations extending scheduling dates do not become
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`effective unless and until this Court so orders.
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`IV. Motions
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` Counsel should note the timing and service requirements of Local Rules 6
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`and 7 and its subparts including:
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` (1) Rule 6−1: Notice of motion and the moving papers must be filed and
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` served twenty−eight (28) days before the noticed hearing date, unless
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` the notice is served by mail, in which case service is required thirty−one
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` (31) days prior to the noticed hearing date;
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` (2) Rule 7−9: Opposing papers shall be filed twenty−one (21) calendar days
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` before the hearing date; and
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` (3) Rule 7−10: Reply papers, if any, shall be filed fourteen (14) calendar
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` days before the hearing date.
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` (4) Rule 7−11: If the hearing date is continued, the deadlines for filing
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` opposing and reply papers are automatically extended unless the
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` Court orders otherwise.
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` Counsel must comply with the timing requirements of the Local Rules so
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`that chambers can properly prepare for motion matters.
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` Parties should note, the Court will only entertain one Motion for Summary
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`Judgment from each party, typically after discovery is closed.
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`V. Ex Parte Applications
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` Ex parte applications are solely for extraordinary relief and should be used
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`with discretion. See Mission Power Eng’g Co. v. Continental Cas. Co., 883 F.
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`F. Supp. 488 (C.D. Cal. 1995). In this Court’s experience, ex parte applications
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`Case 8:19-cv-01151-DOC-KES Document 36 Filed 11/06/19 Page 4 of 6 Page ID #:336
`“are nearly always improper.” In re Intermagnetics Am., Inc., 101 B.R. 191,
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`192−93 (C.D. Cal. 1989). The Federal Rules of Civil Procedure and Local Rules
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`“contemplate that regular noticed motions are most likely to produce a just result.”
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`Mission Power, 883 F. Supp. at 491.
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` Ex parte applications that fail to conform to Local Rule 7−19 and 7−19.1,
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`including a statement of opposing counsel’s position, will not be considered except
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`on a specific showing of good cause. Concurrently with service of the ex parte
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`papers by electronic service, facsimile, or personal service, the moving party shall
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`notify the opposition that opposing papers must be filed no later than twenty−four
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`(24) hours following service. If opposing counsel does not intend to oppose the
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`ex parte application, counsel must inform the Courtroom Deputy Clerk by
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`telephone or email as soon as possible.
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`VI. Jury Demand
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` Litigants who are entitled to a jury trial and who wish to have a jury trial are
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`reminded to file and serve a jury demand in accordance with Federal Rule of Civil
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`Procedure 38.
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`VII. Applications to File Documents Under Seal
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` There is a strong presumption that the public has a right of access to records
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`in civil cases. For non−dispositive motions, the party seeking to maintain the
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`confidentiality of the document(s) or portions thereof must show good cause. For
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`dispositive motions, the party seeking protection must articulate compelling reasons
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`for maintaining the confidentiality of the document(s) and must seek relief that is
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`narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n,
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`605 F.3d 665, 677−79 (9th Cir. 2010). No document will be filed under seal in its
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`entirety unless it is shown in the application that it is not feasible to file a redacted
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`version for public viewing. Any proposed redactions must be highlighted in the
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`under seal version of the document so that the Court may readily determine what
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`information the party or parties seek to maintain as confidential.
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`Case 8:19-cv-01151-DOC-KES Document 36 Filed 11/06/19 Page 5 of 6 Page ID #:337
` In accordance with Local Rule 79−5.1, absent authorization by rule or statute,
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`no case or document(s) may be filed under seal without written application to, and
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`prior approval by, the Court. The existence of a Protective Order, a Stipulated
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`Confidentiality Order, or the like, issued by the assigned Magistrate Judge relating
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`to the treatment of documents produced during discovery, does not constitute a
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`court Order permitting an under seal filing. An application to seal that is based
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`solely on the existence of such an Order will be summarily denied. In addition,
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`reliance upon the parties’ designation of documents as “Confidential,” “Highly
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`Confidential,” “Attorneys’ Eyes Only,” etc. is insufficient. Rather, the party must
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`provide competent evidence explaining why the document(s) should be filed under
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`seal.
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` If the party seeking to file documents under seal (the “filing party”) is not
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`the party with an interest in the sealing/confidentiality of the documents, then the
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`filing party shall provide the interested party with its proposed application to seal
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`at least two (2) business days in advance of any filing. If the interested party seeks
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`to have the documents filed under seal, it shall file a Declaration setting forth
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`competent evidence explaining why the document(s) should be filed under seal.
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`If the interested party fails to file a Declaration within this two−day period, the
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`filing party is relieved of any obligation to file an application to seal and may
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`publicly file the documents along with a Declaration of Compliance with this
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`paragraph.
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`VIII. Settlement
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` If settlement is reached at any time in this litigation, the parties shall
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`immediately notify the Court by telephone, email, or by filing a notice of
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`settlement. Local Rule 40−2.
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`IX. Communication with the Court
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` All appropriate inquiries should be directed to Judge Carter’s Courtroom
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`Deputy Clerk at (714) 338−4543 or DOC_Chambers@cacd.uscourts.gov.
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`Case 8:19-cv-01151-DOC-KES Document 36 Filed 11/06/19 Page 6 of 6 Page ID #:338
`Counsel should not attempt to contact chambers directly. Counsel should list
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`their email addresses and phone numbers on their papers in order to facilitate
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`communication by the Courtroom Deputy Clerk.
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`X. Notice of this Order
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` Plaintiff’s counsel or plaintiff (if appearing on his or her own behalf) shall
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`immediately serve this Order on all parties, including any new parties to the
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`action. If this case came to the Court by a Notice of Removal, the removing
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`defendant(s) shall serve this Order on all other parties.
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`IT IS SO ORDERED.
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`Dated: November 6, 2019
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`David O. Carter
`United States District Judge
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` Revised: January 20, 2015
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