Honorable Alexander F. MacKinnon
United States Courthouse, 312 N. Spring St., Los Angeles, CA, 90012, Courtroom H, 9th Floor
Law and Motion Schedule:
- Civil Motions: Unless otherwise directed by the Court, civil motions are heard on Tuesdays at 10:00 a.m. It is not necessary to clear a civil motion date with the Courtroom Deputy Clerk (CRD) prior to filing the motion. The Court may take a motion under submission without oral argument. See Local Civil Rule 7-15. If any party is in Federal or State custody, the moving party must file its motion without requesting a hearing date. The Court will review the pleadings to determine whether a hearing is necessary.
- Criminal Motions: The parties must contact the CRD to schedule motions in criminal cases.
- Discovery Motions: Discovery motions are to be scheduled before the Magistrate Judge after checking if the assigned District Judge has a blanket referral policy. Strict compliance with Local Civil Rule 37 is required. The Court may take a motion under submission without oral argument. See Local Civil Rule 7-15.
- Requests for telephone conference call: If a party wishes to schedule a call with the Court regarding a discovery issue, it can be requested via an email to the Courtroom Deputy Clerk. The email should include only a short, neutral statement of the issue to be discussed. The email shall confirm that the parties have completed a meet and confer regarding the issue, and all parties shall be cc'd on the email. The Court will then determine if a telephone conference is appropriate and, if so, will then set a time for the call.
- Settlement Conferences: First, ensure that there is a docket entry that reflects that your case has been referred to Magistrate Judge MacKinnon for settlement proceedings by the assigned District Judge and provide us with the number of the appropriate docket entry. Counsel shall meet and confer and then provide the clerk with 3 dates that all counsel and all parties are available to be present at a settlement conference. All parties must appear in person. We generally begin settlement conferences at 10:00AM. All settlement conference papers should be delivered directly to the Magistrate Judge’s chambers. In lieu of personal delivery, settlement conference papers may be emailed to AFM_Chambers@cacd.uscourts.gov, if the total number of pages being emailed is 15 or less.
- Ex Parte Applications: Strict compliance with Local Civil Rules 7-19 and 7-19.1 is required. Any opposition should be served and filed within 24 hours of electronic filing of the application. Conformed paper copies of the filed application and any opposition should be delivered directly to chambers. Ex parte applications will ordinarily be decided on the papers without oral argument. The Court will notify the parties if it desires a hearing. Absent an emergency, ex parte applications are not an acceptable method of bringing a discovery dispute to the attention of the Court. Ex parte applications must identify in the caption whether it is “OPPOSED” or “UNOPPOSED.” A party submitting an ex parte application need not provide a party in custody with oral notice prior to filing, but must make all reasonable efforts to provide notice as quickly as practicable, consistent with Local Civil Rules 7-19 and 7-19.1. Any party relying on this policy must state in the application (1) that the party in custody is incarcerated, and (2) all steps that have or will be taken to provide the person in custody with prompt notice.
- Continuances/Extensions: To request to reschedule a court proceeding or request an extension of a filing date based on good cause, the parties should submit a signed stipulation and proposed order at least three court days prior to the scheduled hearing date. If opposing counsel will not agree to a continuance or extension, the requesting party should file an ex parte application setting forth its and opposing counsel’s positions. In addition, the parties should notify the CRD as soon as the need to reschedule a hearing is discovered.
- Stipulated Protective Orders.
- General Standard: Parties frequently file stipulated protective orders that do not satisfy Rule 26 of the Federal Rules of Civil Procedure, the Ninth Circuit’s standards for protective orders, or the Local Rules of this Court. For example, the Court may only enter a protective order upon a showing of good cause. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006) (parties must make a “particularized showing” under Rule 26(c)’s good cause requirement for court to enter protective order). In addition, the Court will not enter a protective order that provides for the automatic sealing of all confidential documents. If confidential material is included in any papers to be filed in Court, such papers shall be accompanied by an application, pursuant to Local Civil Rule 79-5.1, to file the papers – or the confidential portion thereof – under seal. In the event of a dispute regarding the designation of confidential information, the procedure for obtaining a decision from the Court is set forth in Local Civil Rule 37.
- Model Protective Order. Attached below is a model protective order that satisfies these and other requirements. When the parties submit a protective order based on this model order, a redline (or comparison) should also be provided (by email to AFM_Chambers@cacd.uscourts.gov that shows all differences between the submitted order and model order.
- Form of Proposed Order. All proposed orders approving stipulated protective orders must be submitted (1) in Word format, and (2) with the full text of the stipulated protective order.
- Under Seal Documents (Civil): A party seeking to file materials under seal must first file the application electronically via the Court’s CM/ECF system. After electronically filing the application, the moving party will send an email to the Chambers email (AFM_Chambers@cacd.uscourts.gov) containing the application and a PDF version of the materials to be filed under seal. The subject line of the email must bear the case name and number, and include the phrase “UNDER SEAL REQUEST."
In addition, the party seeking to file materials under seal must deliver the following to the Clerk’s Office window no later than noon the next court day: one copy each of the Notice of Manual Filing, the Application, the proposed order, and the proposed under seal documents. DO NOT deliver copies to the Judge’s drop box on the 9th floor. If the Court grants the application to file under seal, the CRD will email conformed copies of the sealed documents to the filing party. The filing party is required to serve copies of the sealed documents on all other parties as applicable and to e-file a proof of service within 24 hours. The parties are reminded that the Application itself is not under seal. If a party wishes to file declarations, memoranda, and/or exhibits in support of the Application under seal, then the procedures set out above must be followed.
- Telephonic Appearances: Any party who wishes to appear at a hearing by telephone shall make such a request at least two court days before the hearing. Telephonic appearances are not allowed absent permission of the Court upon a showing of good cause.
- Special Appearances: The Court does not permit special appearances. Counsel of record shall appear at all court proceedings.
- Tentative Rulings: If the Court determines that a tentative ruling is appropriate, the ruling will be provided to counsel when counsel checks in with the CRD.
- Communication with the Court: Inquiries regarding the status of a motion, stipulation, or proposed order should be resolved by checking the docket. Counsel and the parties must not contact or communicate with the Magistrate Judge’s law clerk or assistant unless expressly authorized by the Court or the Court’s CRD, the Local Rules, or this Court’s rules. Also, please refer to Local Civil Rule 83-2.5. Similarly, counsel and the parties may communicate with chambers by means of the Court’s email address only as expressly authorized by the Court or the Court’s CRD, the Local Rules, or this Court’s rules. Letters to chambers are not permitted.
- Electronic Equipment: Counsel should contact the CRD regarding procedures for using electronic equipment into the courtroom.
- Transcripts: For general information on ordering transcripts of a reported or digitally recorded proceeding, please call 213-894-3015 or visit the court website (www.cacd.uscourts.gov) section referring to Court Reporting Services, located under “Clerk Services.” If you require a cost estimate for the preparation of a transcript, contact the court reporter/recorder for the relevant proceeding.
To determine the court reporter/recorder for a particular proceeding, go to the Court Reporter Schedule web page and click on “View by Date.” Once you’ve determined the correct court reporter/recorder for the desired session, click on Court Reporter Phone and Email List for contact information.
- Interpreters: It is the responsibility of the parties to obtain the services of an interpreter in a civil case if one is needed. If the government is the moving party, contact the CRD. All other parties may contact the Interpreter’s Section at 213-894-4599.
- Employment Opportunities: For inquiries regarding law clerk positions, please visit https://oscar.uscourts.gov. For inquiries regarding extern positions, please communicate via letter to the Magistrate Judge.