1/21/2021
`
`Honorable David O. Carter | Central District of California | United States District Court
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`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
`Central District of
`Central District of
`California
`California
`
`Philip S. Gutierrez, Chief JudgePhilip S. Gutierrez, Chief Judge
`Kiry K. Gray, District Court Executive/Clerk of
`Kiry K. Gray, District Court Executive/Clerk of
`Court
`Court
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`Contact UsNewsworthyNewsworthy Contact Us
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`Orders and Additional
`Documents
`
`Important
`Notice
`
`
`UPDATED 12-09-
`2020 - Judge Carter
`holds civil cases
`outside the
`courthouse doors .
`Counsel shall meet
`the Judge outside
`the courthouse
`east-facing
`entrance doors on
`Fourth Street.
`Requests for
`telephonic
`appearances must
`be made in
`advance and
`approved days
`before any
`scheduled
`
`Home
`Honorable David O.
`Carter
`
`District Judge
`Ronald Reagan Federal Building and United
`States Courthouse
`
`411 West Fourth Street,
`
`Courtroom 9 D
`
`Santa Ana, CA, 92701-4516
`Law and Motion Schedule:
`Civil motions, Status Conferences, and
`Scheduling Conferences are heard on Mondays
`at 8:30 a.m.
`
`Criminal motions, Status Conferences, Change
`of Pleas, and Sentencings are heard on
`Mondays at 7:30 a.m. or 1:30 p.m.
`
`
`
`Daily Calendar
`
`Today (01/21/21)
`No Calendar
`
`Next Day (01/22/21)
`No Calendar
`
`Staff
`
`Courtroom
`Deputy
`Kelly Davis
`Email
`
`During business
`hours, the best way
`to contact Judge
`Carter's Courtroom
`Deputy Clerk is via
`email at
`DOC_Chambers@c
`acd.uscourts.gov.
`For emergency
`after-hour matters,
`email
`
`https://www.cacd.uscourts.gov/honorable-david-o-carter
`
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`

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`Honorable David O. Carter | Central District of California | United States District Court
`If Monday is a holiday, the next motion date is
`Kelly_Davis@cacd.
`the following Monday.
`uscourts.gov.
`
`Court Reporter
`Debbie Gale
`Website:
`www.debbiegale.c
`om
`
`
`
`It is NOT necessary to clear a motion date with
`the Courtroom Deputy (CRD) prior to filing the
`motion. Closed Motion Dates (Court holidays)
`are located to the right of this paragraph.
`Judge's Procedures:
`Trials are generally held Tuesday through
`Friday at 8:30 a.m. until the Court recesses for
`the day.
`
`1. Are tentative rulings issued?
`Tentative rulings on civil motions are
`occassionally distributed in Court before the
`hearing.
`
`2. Discovery motions in a civil case:
`All discovery motions are to be calendared
`before the assigned Magistrate Judge.
`Parties and counsel are directed to the
`procedures for discovery motions in Local
`Rule 37 and are advised to consult the
`procedures page of the Magistrate Judge
`assigned to their case.
`
`3. Deadlines for submission of sentencing
`positions:
`One week prior to the sentencing date.
`
`4. Mandatory chambers copies:
`
`All original filings are to be filed
`electronically pursuant to Local Rule 5-4.
` The Court requires one mandatory
`chambers copy of ONLY the following filed
`documents:
`
`hearings.
`Requests for
`telephonic
`appearances are
`not summarily
`granted. Good
`cause must be
`shown. Avoid
`emailing the CRD
`for further
`informaon.
`
`Recording
`of any kind
`is strictly
`prohibited
`(including
`audio/vide
`
`or
`
`ecording,
`photograp
`hing/scree
`nshots,
`reproducin
`g/publishin
`g/broadcas
`ting, etc…)
`
`
`Parties and
`counsel are to
`use the following
`email address for
`case-related
`communications:
`DOC_Chambers
`@cacd.uscourts.
`gov
`
`1/21/2021
`
`The Courtroom
`Deputy (CRD)
`reviews emails
`sent to this
`https://www.cacd.uscourts.gov/honorable-david-o-carter
`
`a. Civil matters: all motions and related
`documents (oppositions, replies,
`exhibits); ex parte applications
`(excluding PHV Applications) and
`related documents (oppositions and
`exhibits); stipulations and related
`
`2/9
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`Honorable David O. Carter | Central District of California | United States District Court
`documents (exhibits, etc.), Joint Rule
`26(f) Reports and ALL PRETRIAL
`DOCUMENTS.
`
`b. Criminal matters: all motions and
`related documents and exhibits; plea
`agreements, sentencing positions,
`stipulations and proposed orders.
`
`c. Except as to documents filed under
`seal, mandatory chambers copies of
`all documents in both civil and
`criminal cases shall be delivered to
`the mandatory chambers box (9th
`floor) no later than noon following the
`date of filing.
`MANDATORY CHAMBERS COPIES
`DO NOT NEED TO BE BLUE-
`BACKED.
`
`5. Procedures for filing an Ex Parte
`Application:
`
`Ex Parte Applications are considered on
`the papers and are not usually set for
`hearing. Counsel’s attention is directed to
`Local Rule 7-19. The moving party shall
`serve the opposing party by electronic mail
`or hand service and shall notify the
`opposing party that any opposition must be
`filed not later than 24 hours after such
`electronic mail or hand service. If counsel
`does not intend to oppose the ex parte
`application, counsel must inform the CRD
`by email.
`
`1/21/2021
`
`address. Neither
`Judge Carter nor
`members of
`chambers' staff
`review these
`communications
`directly.
`
`
`
`Parties and
`counsel are
`directed to review
`and comply with
`the procedures
`set forth below
`and the relevant
`PDF attachments
`at the bottom of
`this webpage.
`
`Parties and
`counsel are also
`directed to review
`and comply with
`the Federal Rules
`of Civil Procedure
`or Criminal
`Procedure, the
`Court’s Local Civil
`and/or Criminal
`Rules, and all
`Orders of the
`Court. The
`Court’s Local
`Rules may be
`accessed at
`http://www.cacd.
`uscourts.gov/co
`urt-
`procedures/Loca
`l-Rules.
`
`6. Length and format of motions:
`Memoranda of Points and Authorities are
`subject to a 25-page limit; only in rare
`cases and for good cause shown will the
`Court grant leave to exceed that page
`limitation. See Local Rule 11-6. Font size
`must be as specified in the Local Rules.
`Local Rule 11-3.1.1. Footnotes may be
`single-spaced, but the font size must be the
`same as that used in the body of the
`https://www.cacd.uscourts.gov/honorable-david-o-carter
`
`Note, that there
`are separate
`
`3/9
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`

`1/21/2021
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`chapters of the
`Local Rules for
`civil cases,
`criminal cases,
`and bankruptcy
`proceedings.
`
`Failure to comply
`with the Federal
`Rules, the Local
`Rules, and/or this
`Court’s
`procedures and
`Orders is likely to
`result in the
`denial of any
`relief sought.
`
`Unless counsel or
`parties have been
`expressly
`authorized to
`communicate with
`chambers, all
`appropriate oral
`and written
`communications
`are to be
`submitted to the
`Courtroom
`Deputy Clerk.
`(See Local
`Rules).
`
`Mandatory
`Chambers
`Copies
`MANDATORY
`CHAMBERS
`COPIES:
`Until further
`notice, delivery of
`
`Honorable David O. Carter | Central District of California | United States District Court
`document. Local Rule 11-3.6.1. Parties
`must not use extensive footnotes as a way
`to avoid page limitations. If it appears to the
`Court that footnotes are being used for that
`purpose, the Court may strike the brief and
`require it to be re-filed without footnotes.
`
`
`
`No supplemental brief(s) or sur-reply briefs
`may be filed without leave of Court. Local
`Rule 7-10.
`
`7. The Court’s Standard Orders:
`
`After the filing of a complaint, the Court
`issues an Initial Standing Order, which
`outlines the Judge’s rules and expectations
`that litigants should be familiar with from
`the beginning of their case. Once an
`answer is filed, the Court issues an Order
`Setting Scheduling Conference. This order
`provides important guidance regarding the
`procedures counsel should follow. Both
`orders should be read carefully, as
`compliance with the orders is required.
`Samples of the orders can be obtained
`below under Orders & Additional
`Documents.
`
`8. Proposed Orders:
`
`Please refer to L.R. 5-4.4.1 (requiring
`electronic filing of proposed orders in PDF
`format) and L.R. 5-4.4.2 (requiring email
`submission of proposed orders in Word-
`processing formats). For email submissions
`of proposed orders, the Court prefers that
`proposed orders be submitted in Word
`format only. Email submissions of proposed
`orders should be sent to
`DOC_Chambers@cacd.uscourts.gov.
`Please note the Court does not have the
`capability to process proposed orders via
`CD or disk.
`
`https://www.cacd.uscourts.gov/honorable-david-o-carter
`
`4/9
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`

`1/21/2021
`mandatory
`chambers copies
`for civil and
`criminal
`documents shall
`not
`be necessary. If
`chambers copies
`are needed, the
`CRD will contact
`counsel.
`
`
`Except as to
`documents filed
`under seal,
`mandatory chambers
`copies of all
`documents in both
`civil and criminal
`cases shall be
`delivered to the
`mandatory chambers
`copy box (9th floor,
`top box) no later than
`noon following the
`date of filing.
`Mandatory chambers
`copies NEED NOT
`BE BLUE-BACKED,
`but the other
`requirements of
`Local Rule 5-4.5
`must be met.
`
`Mandatory
`chambers
`copies:
`
`All original filings
`are to be e-
`filed pursuant to
`Local Rule 5-
`4. The Court
`
`Honorable David O. Carter | Central District of California | United States District Court
`9. Appearance of Counsel (Civil and Criminal
`Cases):
`
`The Court does not entertain telephonic
`appearances for hearings except in truly
`exceptional circumstances. In civil cases,
`lead trial counsel is expected to appear at
`all conferences and hearings, including
`motion hearings. Special appearances are
`not permitted, and only counsel of record
`may appear.
`10. Alternative Dispute Resolution (civil
`cases):
`
`This Court participates in the Court-
`Directed ADR Program. If counsel have
`received a Notice to Parties of Court-
`Directed ADR Program (ADR-08), the case
`will be presumptively referred to the Court’s
`Mediation Panel or to private mediation.
`See General Order 11-10, § 5.1 and Local
`Rule 26-1(c). This Court generally does not
`refer settlement conferences to magistrate
`judges, unless it involves a public entity.
`The Court does not participate in early
`ADR procedure for cases brought pursuant
`to Title III of the Americans with Disabilities
`Act (ADA).
`
`11. Scheduling Conferences:
`
`The Court issues a detailed Order Setting
`Scheduling Conference, which the parties
`and counsel are directed to review carefully
`before preparing their Joint Rule 26(f)
`Report. The Joint Rule 26(f) Report must
`be filed two weeks in advance of the
`conference. The Court, on occasion,
`vacates Scheduling Conferences in favor of
`issuing a Scheduling Order, based on the
`parties’ written submission.
`
`12. To request a continuance of any scheduled
`court proceeding:
`
`https://www.cacd.uscourts.gov/honorable-david-o-carter
`
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`1/21/2021
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`requires ONE
`mandatory
`chambers copy
`of ONLY the
`following filed
`documents:
`
`Civil matters: All
`motions and
`related
`documents
`(oppositions,
`replies, exhibits);
`ex parte
`applications
`(excluding PHV
`Applications)
`and related
`documents
`(oppositions and
`exhibits);
`stipulations and
`related
`documents
`(exhibits, etc.),
`Joint Rule 26(f)
`Reports and ALL
`PRETRIAL
`DOCUMENTS.
`Criminal
`matters: All
`motions and
`related
`documents and
`exhibits; plea
`agreements,
`sentencing
`positions,
`stipulations and
`proposed orders.
`Except as to
`documents filed
`under seal,
`mandatory
`
`Honorable David O. Carter | Central District of California | United States District Court
`
`Continuations and special requests must be
`approved by the Court. Good cause must
`be shown. Counsel must make such
`requests in pleading form by submitting a
`stipulation and a proposed order at least
`one week in advance (or by submitting an
`ex parte application, but only if
`necessary). Refer to Local Rules 7-1,7-11,
`and 7-19 for proper format.
`
`13. Under seal filings:
`
`For civil cases, counsel are directed to
`follow the procedures outlined in L.R. 79-
`5.2.2. Also, see GUIDE TO EFILING CIVIL
`DOCUMENTS UNDER SEAL EFFECTIVE
`12/1/15.
`For criminal cases, see PROCEDURES
`FOR EFILING CRIMINAL DOCUMENTS
`UNDER SEAL under Orders & Additional
`Documents at the bottom of this page.
`
`14. Calendar conflicts:
`
`If counsel has a calendar conflict with any
`matter set for hearing on the Court’s
`calendar, counsel should seek a stipulation
`from all opposing counsel to change the
`hearing date. If a stipulation is not
`forthcoming, counsel should file an Ex
`Parte Application seeking to continue the
`hearing date. Any such Ex Parte should be
`submitted well in advance of the hearing.
`
`15. Procedures for bringing electronic
`equipment into the courtroom:
`
`Counsel are to request, through the CRD,
`permission to bring in or use audio, video or
`electronic equipment for presentations
`during hearings or trials.
`
`16. Trial preparation:
`
`See also the Court’s SCHEDULING
`https://www.cacd.uscourts.gov/honorable-david-o-carter
`
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`1/21/2021
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`chambers copies
`of all documents
`in both civil and
`criminal cases
`shall be
`delivered to the
`mandatory
`chambers box
`(9th floor) no
`later than noon
`following the
`date of filing.
`
`Honorable David O. Carter | Central District of California | United States District Court
`ORDER. Exhibit tag forms can be located
`on the Court’s website, General Forms,
`Form Numbers G-014A (plaintiff) or G-014B
`(defendant).
`
`17. Procedures for obtaining the services of an
`interpreter on a civil case:
`
`Counsel in civil cases are responsible for
`obtaining the services of an interpreter, if
`one is needed.
`
`18. Law Clerk positions:
`
`Judge Carter hires two term law clerks
`each year. All applicants must apply
`through the OSCAR system during the
`posting period, which is generally mid-
`January through the end of February in the
`calendar year before the position begins.
`
`19. Extern positions:
`
`Externs are hired for the Spring, Summer
`and Fall terms. All externs are expected to
`be full-time. Extern applicants should apply
`in August for Spring externships; in
`December for Summer externships; and in
`February for Fall externships. Applicants
`should send a resume, brief writing sample
`and transcript (if available).
`
`20. No contact with chambers:
`
`Parties and counsel shall direct their
`communications to the CRD rather than
`chambers.
`
`
`Orders & Additional
`Documents
`
`PROCEDURES FOR EFILING CRIMINAL
`DOCUMENTS UNDER SEAL
`SCHEDULING ORDER
`
`https://www.cacd.uscourts.gov/honorable-david-o-carter
`
`7/9
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`1/21/2021
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`Honorable David O. Carter | Central District of California | United States District Court
`STANDING ORDER
`ORDER SETTING SCHEDULING
`CONFERENCE
`SCHEDULING ORDER
`GUIDE TO EFILING CIVIL DOCUMENTS
`UNDER SEAL EFFECTIVE 12/1/15
`
`Clerk Services
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`https://www.cacd.uscourts.gov/honorable-david-o-carter
`
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`Honorable David O. Carter | Central District of California | United States District Court
`Procedures for
`Recovering Out-of-
`Pocket Expenses
`Policy for
`Reimbursement of
`Out-of-Pocket
`Expenses Incurred by
`Court-Appointed Pro
`Bono Counsel
`Honor Roll of
`Volunteers
`
`https://www.cacd.uscourts.gov/honorable-david-o-carter
`
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