Case 8:19-cv-01151-JLS-DFM Document 12 Filed 07/02/19 Page 1 of 9 Page ID #:71
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`UNILOC 2017 LLC
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`Case No.: 8:19−cv−01151−JLS−DFM
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`INITIAL STANDING ORDER FOR
`CIVIL CASES ASSIGNED TO
`JUDGE JOSEPHINE L. STATON
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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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`PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE
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`AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.
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` This case has been assigned to the calendar of Judge Josephine L. Staton. Both
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`the Court and counsel bear responsibility for the progress of this litigation in federal
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`court. To “secure the just, speedy, and inexpensive determination” of this case, as
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`called for in Federal Rule of Civil Procedure 1, all parties or their counsel are
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`ordered to become familiar with the Federal Rules of Civil Procedure, the Local
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`Rules of the Central District of California, and this Court’s Orders.
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`Case 8:19-cv-01151-JLS-DFM Document 12 Filed 07/02/19 Page 2 of 9 Page ID #:72
`THE COURT ORDERS AS FOLLOWS:
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` Judge Staton’s Procedures web page is incorporated in this Order.
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` The parties and counsel are ORDERED to review and comply with those
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`procedures and notices, which may be accessed at:
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`http://www.cacd.uscourts.gov/honorable-josephine-l-staton
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`1. Filing of Civil Cases
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` The initiating documents (e.g., complaints and notices of removal) of most
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`civil cases must be e-filed. See Local Rule 3-2.
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`2. Service of the Complaint
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` Service is governed by Federal Rule of Civil Procedure 4. The plaintiff shall
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`promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the
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`proofs of service. Although Fed. R. Civ. P. 4(m) allows 90 days for service of the
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`summons and complaint, the Court expects service to be effectuated more promptly.
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`The Court will require plaintiffs to show good cause to extend the service deadline
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`beyond 90 days.
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`3. TROs and Injunctions
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` Parties seeking emergency or provisional relief shall comply with Fed. R. Civ.
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`P. 65 and Local Rule 65. The Court will not rule on any application for such relief
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`for at least twenty-four (24) hours after the party subject to the requested order
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`has been served, unless service is excused. Such party may file opposing or
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`responding papers in the interim.
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`4. Cases Removed from State Court
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` All documents filed in state court, including documents appended to the
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`complaint, answers, and motions, must be refiled in this Court as a supplement
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`to the notice of removal. See 28 U.S.C. § 1447(b). If the defendant has not yet
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`answered or filed a pre-answer motion, the defendant’s answer or motion must
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`be filed in this Court and must comply with the Federal Rules of Civil Procedure
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`and the Local Rules. If a motion was pending in state court before the case was
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`Case 8:19-cv-01151-JLS-DFM Document 12 Filed 07/02/19 Page 3 of 9 Page ID #:73
`removed, it must be re-noticed for hearing in accordance with Local Rule 6-1.
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`Counsel shall file with their first appearance a Notice of Interested Parties in
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`accordance with Local Rule 7.1-1.
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` If the complaint, answer, or any similar pleading in an action that is removed
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`to this Court consists of only a form pleading in which boxes are checked, the party
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`or parties utilizing the form pleading must file an appropriate pleading with this
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`Court within thirty (30) days of the filing of the Notice of Removal. The new
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`pleading must comply with the requirements of Federal Rules of Civil Procedure
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`7 through 11.
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`5. Status of Fictitiously Named Defendants
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` This Court intends to adhere to the following procedures where a matter is
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`removed to this Court on diversity grounds with fictitiously named defendants.
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`See 28 U.S.C. §§ 1441(b)(1) and 1447.
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`a. Plaintiff is normally expected to ascertain the identity of and serve any
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`fictitiously named defendants within 90 days of the removal of the action to this
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`Court.
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`b. If plaintiff believes (by reason of the necessity for discovery or
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`otherwise) that fictitiously named defendants cannot be fully identified within
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`the 90-day period, an ex parte application or stipulation requesting permission
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`to extend that period to effectuate service may be filed with the Court. Such
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`application or stipulation shall state the reasons therefor, and will be granted only
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`upon a showing of good cause. An ex parte application seeking such relief shall
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`be served upon all appearing parties, and shall state that appearing parties may
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`comment within seven (7) days of the filing of the ex parte application.
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`c. If plaintiff wants to substitute a defendant for one of the fictitiously
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`named defendants, plaintiff shall first seek the consent of counsel for all defendants
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`(and counsel for the fictitiously named party, if that party has separate counsel).
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`If consent is withheld or denied, plaintiff should file a motion on regular notice.
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`Case 8:19-cv-01151-JLS-DFM Document 12 Filed 07/02/19 Page 4 of 9 Page ID #:74
`The motion and opposition should address whether the matter should thereafter
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`be remanded to the superior court if diversity of citizenship is destroyed by the
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`addition of the newly substituted party. See U.S.C. § 1447(c), (d).
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`6. Discovery
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`a. Discovery Matters Referred to Magistrate Judge
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` All discovery matters have been referred to the assigned United States
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`Magistrate Judge, who will hear all discovery disputes. Any party may move for
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`review and reconsideration of a discovery ruling within fourteen days after such
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`ruling. See Local Rule 72-2. However, in accordance with 28 U.S.C. § 636(b)
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`(1)(A), the Court will not reverse any order of the Magistrate Judge unless the
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`moving party demonstrates that the ruling is clearly erroneous or contrary to law.
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`The motion must specify which portions of the ruling are clearly erroneous or
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`contrary to law and support the contention with points and authorities. As to all
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`filings related to motions for review and reconsideration of a discovery order,
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`counsel shall deliver mandatory chambers copies to both the District Judge and
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`the Magistrate Judge.
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`b. Compliance with Fed. R. Civ. P. 26(a)
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` The parties shall comply fully with the letter and spirit of Fed. R. Civ. P. 26(a).
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`The Court’s Scheduling Order will impose firm deadlines to complete discovery.
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`7. Applications to Seal
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` Counsel are directed to consider carefully whether to seek leave to file
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`documents under seal. The procedure for obtaining leave is lengthy. Applications
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`must in all instances be supported by good cause, and at times are subjected to an
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`even higher standard. Most of the time, documents may not be filed under seal
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`in their entirety, and appropriately redacted documents must still be filed on the
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`public docket.
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` When seeking leave to file any material under seal in a civil case, the parties
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`and counsel are directed to fully comply with all steps of the multi-step procedure
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`Case 8:19-cv-01151-JLS-DFM Document 12 Filed 07/02/19 Page 5 of 9 Page ID #:75
`set forth in Local Rule 79-5. The parties are directed to carefully review the
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`Court’s Local Rule 79-5 Overview and to follow the instructions in the Guide to
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`Electronically Filing Under-Seal Documents in Civil Cases, both of which are
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`attached in PDF format to Judge Staton’s Procedures web page.
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` Counsel are reminded that there is a strong presumption that the public has
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`a right of access to records in civil cases. For materials related to non-dispositive
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`motions, the Designating Party must show good cause for the materials to be
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`filed and maintained under seal. For materials related to dispositive motions, the
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`standard is higher, and the Designating Party 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, 667-79 (9th Cir. 2010).
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`8. Motions
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`a. Time for Filing and Hearing Motions
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` Motions shall be filed in accordance with Local Rule 7. This Court hears
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`motions on Fridays, beginning at 10:30 a.m. It is not necessary to clear a hearing
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`date with the Court Clerk before filing a motion in a civil motion. Counsel
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`must check the Court’s website for Closed Motion Dates.
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`b. Pre-Filing Requirement To Meet and Confer
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` Counsel must comply with Local Rule 7-3, which requires counsel to
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`engage in a pre-filing conference “to discuss thoroughly . . . the substance of the
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`contemplated motion and any potential resolution.” Counsel should discuss the
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`issues to a sufficient degree that if a motion is still necessary, the briefing may
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`be directed to those substantive issues requiring resolution by the Court. Counsel
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`should resolve minor procedural or other non-substantive matters during the
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`conference. This provision applies even to self-represented parties; there is no
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`exception to this rule for parties who appear pro se.
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`Case 8:19-cv-01151-JLS-DFM Document 12 Filed 07/02/19 Page 6 of 9 Page ID #:76
`c. Supporting Evidence
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` Parties shall not proffer evidence other than the specific items of evidence
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`testimony in support of or in opposition to a motion. For example, the parties
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`should provide excerpts rather than entire deposition transcripts or entire sets
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`of interrogatory responses. Where a motion must be supported by admissible
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`evidence, authenticity must be established by stipulation of the parties, declaration,
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`or other appropriate means.
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`d. Citations to Legal Authority
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` Citations to legal authority should include pinpoint citations to specific
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`page(s), section(s), and subsection(s) referenced. Citations to secondary sources
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`such as treatises, manuals, and other materials should include the volume, section,
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`and page(s) cited.
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`9. Specific Motions
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`a. Motions Pursuant to Rule 12
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` Many motions to dismiss or to strike can be avoided if the parties confer in
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`good faith (as required by Local Rule 7-3), especially for pleading deficiencies
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`that could be corrected by amendment. See Chang v. Chen, 80 F.3d 1293, 1296
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`(9th Cir. 1996) (where a motion to dismiss is granted, a district court should
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`provide leave to amend unless it is clear that the complaint could not be saved by
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`any amendment). Moreover, a party has the right to amend the complaint “once
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`as a matter of course” within 21 days after service of the answer or Rule 12(b)
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`motion. Fed. R. Civ. P. 15(a)(1)(A)-(B).
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`b. Motions to Amend
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` In addition to meeting the requirements of Local Rule 15-1, counsel shall
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`attach as an appendix to the moving papers a “redlined” version of the proposed
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`amended pleading indicating all additions and deletions of material. All motions
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`to amend pleadings shall: (1) state the effect of the amendment and (2) identify
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`the page and line number(s) and wording of any proposed change or addition
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`Case 8:19-cv-01151-JLS-DFM Document 12 Filed 07/02/19 Page 7 of 9 Page ID #:77
`of material. The proposed amended pleading shall be serially numbered to
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`differentiate it from previously amended pleadings (e.g., “Second Amended
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`Complaint” or “Third Amended Answer and Counterclaims”). If leave to amend
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`is granted, the filing party must comply with Local Rule 15-1 through 15-3 in filing
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`the amended pleading.
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`c. Summary Judgment Motions
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` A party may file only one summary judgment motion in a case. Parties need
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`not wait until the motion cutoff date to bring motions for summary judgment or
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`partial summary judgment. The parties should prepare papers in a fashion that will
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`assist the Court in absorbing the facts (e.g., generous use of tabs, tables of contents,
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`headings, indices, etc.).
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`i. Statements of Uncontroverted Facts and Genuine Issues
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` The Statement of Uncontroverted Facts and Conclusions of Law (“Statement
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`of Uncontroverted Facts”), as required by Local Rule 56-1 shall be formatted based
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`on the following example:
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` 1. (Moving party’s first uncontroverted
` fact)
` 2. (Moving party’s second undisputed
` fact)
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` (Supporting evidence
` citation(s))
` (Supporting evidence
` citation(s))
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` The opposing party’s Statement of Genuine Disputes of Material Fact
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`(required by Local Rule 56-2) must be in two columns and track the movant’s
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`Statement of Uncontroverted Facts exactly as prepared, but must combine the
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`moving party’s fact statements and the supporting evidence into one column.
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`Thus, the first column must restate the allegedly undisputed fact and the alleged
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`supporting evidence, and the second column must state either that the fact
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`proffered by the moving party is undisputed or disputed. The opposing party may
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`dispute all or only a portion of the statement, but if disputing only a portion, it
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`must clearly indicate what part is being disputed. Whenever all or part of a
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`proffered fact is disputed, the opposing party must briefly state why it disputes
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`Case 8:19-cv-01151-JLS-DFM Document 12 Filed 07/02/19 Page 8 of 9 Page ID #:78
`the moving party’s proffered fact, cite to the relevant exhibit(s) or other evidence,
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`and must describe what it is in that exhibit or evidence that refutes the proffered
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`fact. To illustrate:
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` 1. (Moving party’s first uncontroverted
` fact). (Supporting evidence citation(s)).
` 2. (Moving party’s second undisputed
` fact). (Supporting evidence citation(s)).
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` 1. Undisputed.
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` 2. Disputed. Plaintiff’s Rule
` 30(b)(6) witness testified to the
` contrary. (Pltf’s Ex. 14, Clark
` Depo. at 24:5-26:17.)
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` The opposing party may submit additional material facts that bear on or relate
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`to the issues raised by the movant. Presentation of those additional material facts
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`by the non-moving party shall follow the format described above for the moving
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`party’s Statement of Uncontroverted Facts. These additional facts shall continue
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`in sequentially numbered paragraphs and shall set forth in the right hand column
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`the evidence that supports that statement. A Reply fact statement may be filed by
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`the moving party.
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`No legal argument should be set forth in the Statement of Uncontroverted
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`Facts or the Statement of Genuine Disputes of Material Fact. Legal argument
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`should be reserved for the parties’ briefs. Objections and the relevant Federal
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`Rule of Evidence or other basis therefor may be noted, but citations to case law
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`and/or legal argument should be presented in the separate document described
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`below.
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`ii. Objections to Evidence
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` If a party relies in whole or in part on an evidentiary objection to dispute
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`a material fact, the ground(s) of the objection(s) shall be succinctly stated in a
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`separate statement of evidentiary objections in a two-column format. The left
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`column should identify and describe the item(s) objected to (including page and
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`line number if applicable) and the right column should set forth a concise objection
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`(e.g., hearsay, lacks foundation, etc.) with a citation to the Federal Rules of
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`Evidence or, where applicable, a case citation. Any response to the objections shall
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`Case 8:19-cv-01151-JLS-DFM Document 12 Filed 07/02/19 Page 9 of 9 Page ID #:79
`incorporate and build upon the two-column format set forth in the objections in the
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`same manner as the Statement of Genuine Disputes of Material Fact incorporates
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`and builds upon the Statement of Uncontroverted Facts.
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` The Court will expressly rule on objections only when it deems it necessary
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`to do. Generally, the Court will expressly rule on objections only as to evidence
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`that factors into the Court’s rationale for its rulings.
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`d. Daubert Motions
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` Unlike other motions in limine, Daubert motions are usually due to be filed
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`within seven days after the expert discovery cut-off date set in the Scheduling
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`Order.1 The parties shall notice Daubert motions for hearing on the first available
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`motions date at the time of their filing, unless that date is after the final pretrial
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`conference date, in which case the Daubert motions will be heard at the final
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`pretrial conference.
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`10. 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 action.
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`If this case was removed from state court, the removing defendant(s) shall serve
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`this Order on all other parties.
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` IT IS SO ORDERED.
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`Dated: July 2, 2019
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`Revised: October 1, 2018
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`JOSEPHINE L. STATON
`United States District Judge
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`1 In some instances, a later date may be set.
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