Honorable André Birotte Jr.

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District Judge
350 West First Street, Los Angeles, CA  90012 - Courtroom 7B
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Recording, copying, photographing and rebroadcasting of court proceedings is prohibited by federal law. A violation of this prohibition may result in sanctions, including suspension of your license to practice before this court, referral to the state bar, denial of the right to appear by video or telephonically at future proceedings, criminal prosecution, contempt, denial of admission to future hearings, and any other sanctions deemed necessary by the Court.

Law and Motion Schedule: 

For more information about Judge Birotte’s law and motion requirements, please see the Standing Orders below, which were revised on March 15, 2024. This page simply highlights some procedures for quick reference.

TRIALS start on Mondays or Tuesdays.
CIVIL MATTERS are heard on Fridays at 10:00 a.m.
CRIMINAL MATTERS are heard on Fridays at 1:30 p.m.

Scheduling Motions: It is not necessary to clear a motion date with the Courtroom Deputy Clerk (“CRD”) before filing the motion. Closed Motion Dates are indicated on the right-hand side of this page.
If the Monday or Friday in a given week is a holiday, the Court will NOT have a Friday calendar that week. The next available hearing date is the following Friday.

Local Rule 7-3: The Court strictly enforces Local Rule 7-3’s meet and confer requirement. A Notice of Motion must include a statement of compliance with Local Rule 7-3. The statement of compliance must be prominent, as the Court will not search a filing for the statement. The Court may strike or outright deny a motion that lacks a prominent statement of compliance with Local Rule 7-3, or if counsel fail to meet and confer in good faith.

Length and Format of Motion Papers: Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 15 pages. Typeface must comply with Local Rule 11-3.1.1. Times New Roman font must be at least 14 point; Courier font must be at least 12 point. Footnotes must be used sparingly and must be in the same font and the same size as the body of the memorandum. Citations must be in the body of a memorandum, not in the footnotes.

Rule 56 Motions: Local Rule 56 governs Fed. R. Civ. P. 56 Motions. Local Rule 56 was substantially revised on June 1, 2023. Please review it. Any Fed. R. Civ. P. 56 Motion must comply with the current Local Rule 56, or it will be denied. Judge Birotte requires an extended minimum 5-week briefing schedule for motions under Fed. R. Civ. P. 56, and has specific requirements for parties wishing to cross-move for summary judgment. Consult Judge Birotte’s Standing Order in Civil Cases for this information.

All Other Motions: Must be filed in accordance with the minimum briefing schedule set forth in Local Rules 6-1, 7-9, and 7-10.

Settlement: Counsel must notify the Court at least two (2) weeks before the scheduled hearing if the parties are conducting settlement discussions that may render the motion moot and must notify the Court immediately if a settlement is reached. A belated settlement notice wastes scarce judicial resources and may subject the offending parties to sanctions.

Judge's Procedures: 

For more complete case management, scheduling, and trial procedures, see Judge Birotte’s Standing Orders below.

Electronic Filing: Counsel must efile all original civil and criminal filings pursuant to Fed. R. Civ. P. 5(d)(3), Local Rule 5-4, and this Court’s relevant Standing Orders.

Under Seal Filings: In civil cases, counsel must comply with Local Rule 79-5.2. See the below Under Seal Filing Instructions - CIVIL (“The Guide to Electronically Filing Under Seal Documents in Civil Cases”). As stated in the Standing Order, the parties in civil cases must minimize requests to file under seal. In criminal matters, counsel must refer to the Under Seal Filing Instructions - CRIMINAL, below.

Ex Parte and TRO Applications: Ex parte applications are solely for extraordinary relief. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995). Sanctions may be imposed for misuse of ex parte applications.

  • Procedures: Ex parte and TRO Applications must be efiled pursuant to the Local Rules. Ex parte and TRO Applications must comply with Fed. R. Civ. P. 65 (for TROs), and Local Rule 7-19 and 7-19.1, including a statement of opposing counsel's position. Applications that violate these rules will be denied. A PDF file of any ex parte application and a Word file of the Proposed Order must be emailed to Chambers at AB_chambers@cacd.uscourts.gov . Both the email to the Court and the application must advise whether opposing counsel intends to oppose. Do not call the CRD for status of any ex parte or TRO application.
  • Service: Service must be made in compliance with Local Rule 5-3. The moving party must also serve the nonmoving party by email, fax, or personal service.
  • 48 Hours to Oppose an Ex Parte or TRO Application: Any opposition must be filed within 48 hours (2 court days) after service. The applicant must notify the other party (or parties) that opposing papers are due 48 hours (2 court days) after service. Replies are not permitted for ex parte or TRO applications, unless the Court orders one. The Court will not rule on any ex parte or TRO Application for at least 48 hours (2 court days) after the party subject to the requested order has been served, unless notice is excused under Fed. R. Civ. P. 65(b), or unless the interests of justice so require.

Stipulations and Requests for Continuances: The Court expects parties to work cooperatively and professionally to resolve routine issues, including scheduling disputes and reasonable requests for continuances. The parties should work to avoid motions on such matters. Stipulations to amend pleadings are also encouraged. Stipulations must be supported by good cause, including a declaration explaining the grounds for the request, and must state whether there have been any previous requests for continuances and whether the Court granted or denied them. Any stipulation must also include a Proposed Order. Stipulations are not effective unless and until this Court so orders.

Discovery Matters: All discovery matters are referred to the United States Magistrate Judge assigned to this case. The Magistrate Judge’s initials follow the District Court Judge’s initials next to the case number. All documents relating to discovery matters must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel must follow the Magistrate Judge’s procedures for scheduling matters for hearing. These procedures are stated on each Magistrate Judge’s webpage. The Magistrate Judge’s decision is final, subject to modification by the District Court Judge only where the Magistrate Judge’s order is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Any motion for review of a Magistrate Judge’s decision must comply with Local Rule 72-2.1.

Contacting Chambers: Counsel must not contact the Court or its Chambers staff by telephone or by any other ex parte means (unless contact has been first initiated by Chambers staff). Counsel may contact the CRD with appropriate inquiries. The preferred method of communication with the CRD is by email at Chambers at AB_chambers@cacd.uscourts.gov . Counsel must copy all parties on any such email. To facilitate communication with the CRD, counsel should list their email addresses along with their telephone numbers on all filings. Inquiries regarding the status of submitted motions, stipulations, or proposed orders will not be responded to unless the matter has been pending for more than 90 days.

Interpreters, Transcripts, Technology: For information about transcripts, interpreter services, or use of court technology, please see the Central District Court website. In a civil case, it is counsel's responsibility to arrange for the services of an interpreter. Counsel should contact the CRD in advance to request leave to bring electronic equipment into the courtroom and to receive instructions on how to obtain proper permission from the U.S. Marshals Service to do so. Information regarding use of the Court's own courtroom technology is available on the Court's website or by contacting the Courtroom Technology Help Desk at 213-894-3061.

Media Requests: Neither Judge Birotte nor his CRD will respond to requests from the media. Media should refer to the Central District website for information and instructions on how to communicate with the Court.