Honorable Brianna Fuller Mircheff

General Procedures

1. Proceedings will be held in person unless the parties are otherwise notified by the Court. If any party requests a telephonic or Zoom appearance, such a request must be filed in writing no later than a week before the proceeding.

2. To request a continuance of any scheduled Court proceeding, the parties should submit a signed stipulation and proposed order. If it is necessary to file an ex parte application to seek a continuance, the  application must comply with Local Rule 7-11​ and Local Rule 7-19​ and must contain opposing counsel's position.

3. Procedures for filing an ex parte application: Strict compliance with Local Rule 7-19​ is required. Any opposition must be filed within one business day of the electronic filing of the application. The Court will  notify parties if a hearing is desired. Please note that, absent an emergency, ex parte applications may not be used to obtain a ruling on a discovery dispute. The Court's procedures for discovery motions in civil cases are set forth below.

4. Counsel are not allowed to contact the Judge's law clerks.

5. Inquiries regarding the status of a motion, stipulation, or proposed order should be directed to the Courtroom Deputy Clerk.

6. Calendar conflicts: Advise the Courtroom Deputy Clerk in advance about a calendar conflict and attempt to stipulate with opposing counsel to an alternative date and time after clearing that alternative with the Courtroom Deputy Clerk.

7. Procedures for bringing electronic equipment into the courtroom: Contact the Courtroom Deputy Clerk.

8. Interpreters: In a civil case, it is the responsibility of the parties to obtain the services of an interpreter, if one is needed.

9. For general information on how to order a transcript of any reported or digitally recorded proceeding, please contact 213-894-8958 or visit the court website (www.cacd.uscourts.gov) section referring to Court Reporter/Recorder Transcripts​. For an estimate of the cost to preparate a transcript, contact the court reporter/recorder for the desired 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 have determined the correct court reporter/recorder for the desired session, click on Court Reporter Phone and Email List​ for contact information.

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Civil Procedures

1. Stipulated Protective Order:

         i. General Standard. Stipulated protective orders must satisfy Rule 26 of the Federal Rules of Civil Procedure, the Ninth Circuit’s standards for protective orders, and the Local Rules​ of this Court. The Court may enter a protective order only upon a showing of good cause. Kamakana v. City and Cnty. 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.

         ii. 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 BFM_Chambers@cacd.uscourts.gov​ (link sends e-mail) that shows all differences between the submitted order and model order.

         iii. 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.

2.  Discovery Motions:

Generally.  Discovery motions are to be scheduled before the Magistrate Judge unless otherwise ordered by the District Judge.  The parties are advised to review the procedures and standing orders of the assigned District Judge before filing any discovery motion.  Strict compliance with Local Civil Rule 37 is required except as otherwise noted in these procedures.  The Court may take a motion under submission without oral argument.  See Local Civil Rule 7-15​.   

The parties are directed to review and comply with the Civility and Professionalism Guidelines that appear on the Central District website under Attorneys / Attorney Information.

The parties are also directed to review the scheduling order issued by the District Judge assigned to their case for all provisions related to discovery, including the cutoff date. That order sets forth the Magistrate Judge’s jurisdiction over discovery disputes.

Some District Judges permit a discovery motion to be decided after the discovery cutoff; others require that any discovery dispute be fully briefed, argued, and decided, and that any relief ordered by the Magistrate Judge be completed, before the discovery cutoff. There are other variations as well. Disputes brought to the Magistrate Judge’s attention without sufficient time for decision within the strictures of the District Judge’s scheduling order will be stricken or denied.

Brief Pre-Discovery Motion Conference:  In the Court's experience, discovery disputes often may be resolved without the need for formal motion papers.  To facilitate the just and expedient resolution of discovery matters and to conserve the Court's and the parties' resources, the Court requires the parties to follow the procedures below for filing discovery motions.  This procedure does not apply to ex parte applications (see Procedure 2) or where a party to the discovery dispute is in custody.

First, as Local Civil Rule 37-1 requires, the parties must meet and confer in a good-faith effort to resolve any discovery dispute.

Second, if the parties conclude that they have reached an impasse, within one business day of the last meet-and-confer, the movant must e-mail the Court at BFM_Chambers@cacd.uscourts.gov​ seeking a conference with the Court via Zoom to discuss the discovery dispute.  The e-mail must include the following:  

i. At least three proposed times mutually agreed upon by the parties for the conference via Zoom;

ii. The discovery cut-off date in the case;

iii. A neutral statement of each issue in dispute; and

iv. A brief description of each party’s position on the dispute(s).

For each dispute, the description may include a citation to no more than 2 pertinent cases decided by the Ninth Circuit, a district court in the Ninth Circuit, or (when applicable) the California Supreme Court or Court of Appeal. Each party’s description should be no more than 3 sentences per dispute.

The movant must cc: opposing counsel on the e-mail. The email shall not contain attachments unless directed by the Court to do so.

No discovery motion may be filed until the Court has conducted a pre-motion conference via Zoom unless the movant has obtained leave of Court sought by an ex parte application. The Court may strike any discovery motion filed in violation of this Rule and Procedure.

Discovery Motion Practice. The Court dispenses with the joint stipulation requirement under Local Civil Rule 37-2. The Court requires parties to file moving, opposing, and reply papers pursuant to Local Civil Rule 7. Unless otherwise ordered in the pre-discovery motion conference, the following rules apply to discovery motions practice:

i. If leave of Court to file a discovery motion is granted and the Court does not set responsive dates, or after a pre-discovery motion conference the Court directs the parties to file a discovery motion and does not specify responsive dates, counsel shall follow Local Civil Rule 7-4 et seq. and file a properly noticed discovery motion.

ii. No discovery motion may exceed 10 pages unless leave of Court is obtained in advance.

iii. The opposition may not exceed 10 pages unless leave of Court is obtained in advance.

iv. Any reply is limited to 5 pages.

v. Copies of all filed documents, including declarations or any other attachment(s), must be emailed to the chambers email address.

3. In a civil case involving an individual in custody, the moving party must file the motion without requesting a hearing date. The Court will review the moving papers to determine whether a hearing is necessary.

4. Under Seal Procedures:  Compliance with Local Rule 79-5.2 is required. Because documents filed under seal are visible on CM/ECF or Pacer only to the filing party and to Court personnel, a party electronically filing a document under seal may not rely on the Court’s CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Documents filed electronically under seal must be accompanied by either a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required. The submission of documents for in camera review is governed by Local Rule 79-6.

5. Social Security Appeals. For any action filed on or after December 1, 2022, the parties must comply in full with the time limits set forth in the Supplemental Rules for Social Security Actions.  The Court will entertain reasonable extension requests in appropriate circumstances -- particularly when the parties wish to engage in meaningful settlement discussions before final briefing and adjudication of the claims.  Neither party’s opening briefing may exceed 15 pages in length.  Plaintiff’s reply brief, if any, may not exceed 5 pages in length.

Criminal Document Duty Procedures

1. In accordance with General Order 19-01 and the Local Rules of the Central District of California, Criminal Duty Matters Electronic Filing Pilot Project User Manual, the AUSA must wait until after they receive the quality control notification from Criminal Intake before emailing documents to the chambers-specific criminal duty email address. ALL CRIMINAL DUTY MATTERS must be emailed to BFM_CrimDuty@cacd.uscourts.gov (link sends e-mail) with the final version of the documents to be reviewed by the Judge. Please include in the email subject line, the type of document attached for the document being e-filed, e.g., “Pen Register,” “Search Warrant”, “Application for . . . ,” “Motion or Request for . . . ,” etc., as well as the case number, if one is assigned.

2. Please be sure the correct Judge’s name and the correct date are on the documents.

3. Please note that if the filer’s email to chambers is received after 4:00 p.m., the Judge may not be able to complete her review of the Application/Affidavit until the following day.

4. The Court will email the AUSA/agent when the documents have been reviewed and provide procedures for the agent to contact chambers to be sworn.

5. If counsel is filing a Motion/Application/Request to dismiss a charging document, the notification email must be clearly identified as such and chambers notified immediately.

6. All warrants/criminal complaints will be attested to by telephone pursuant to Rule 4.1.  

7. Telephonic search warrants:  after the documents have been reviewed, the AUSA/agent will receive an email from the Court with information on how the agent should contact chambers.  If the agent is not available to contact chambers within 30 minutes after receiving the Court’s email, the AUSA/agent should notify chambers of the estimated response time by email.  Final documents will be sent to the AUSA/agent and forwarded for processing.

8. Please note that chambers adheres strictly to the 4:00 p.m. deadline for non-emergency filings.

9. For emergency matters filed outside of regular court hours, i.e., between 4:01 pm. and 8:00 a.m. the following day, please follow the procedures located on the Court’s website at http://www.cacd.uscourts.gov/court-procedures/filing-procedures/emergency-filing-procedures.  

FAILURE TO COMPLY WITH ANY OF THE ABOVE REQUIREMENTS WILL RESULT IN A DELAY IN PROCESSING

Parties in Custody

a. Hearing Dates: If any party is in state or federal custody, the moving party must file the motion ​​without requesting a hearing date.  The Court will review the pleadings to determine whether a hearing is necessary.  

​b. Ex Parte Applications: 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 include 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.

Junior Attorneys

The Court values the importance of training junior attorneys. If a written request for oral argument is filed before a hearing in a non-prisoner case, stating that an attorney four or fewer years out of law school will argue the motion, then the Court will hold the hearing.  However, lead trial counsel must be present for all such proceedings. Otherwise, the Court may find it appropriate to take a motion under submission without oral argument.

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