Honorable Dale S. Fischer
First Street Courthouse, 350 West 1st Street, Courtroom 7D, Los Angeles, California
Law and Motion Schedule:
- Civil motions are heard on Mondays at 1:30 p.m.
Criminal motions are heard on Mondays at 8:30 a.m.
(If Monday is a holiday, the next motion date is the following Monday.)
It is not necessary to clear a motion date with the Courtroom Deputy Clerk (
CRD) before filing the motion.
Motions will be heard two weeks after the deadline for filing the Reply. Therefore, Motion papers must be filed and served not later than 28 days before the hearing date. Opposition papers must be filed and served not later than 21 days before the hearing date. Reply papers must be filed and served not later than 14 days before the hearing date.
- All discovery motions and stipulations, including those relating to protective orders, are to be calendared before the magistrate judge whose initials appear in parentheses after the case number.
Documents may not be filed under seal in matters pending before the district judge based on a protective order signed by the magistrate judge. A separate and additional showing of good cause as to each category of document or information is required. Fed. R. Civ. P. 26(c); Phillips ex rel. Estates of Byrd v. General Motors Corp., 307 F.3d 1206, 1212 (9th Cir. 2002).
The parties must also comply with Local Rule 79-5.
- Tentative rulings are not issued.
- All papers filed with the Court must conform to Local Rule 11-3.1.1, which generally requires typeface of 14 point or larger for Times New Roman and 12 point or larger for Courier.
- Mandatory Paper Chambers Copies: Paper Chambers copies of all e-filed documents (except proofs of service) must be delivered to Judge Fischer’s box on the Fourth Floor of the First Street Courthouse.
- Ex parte applications are solely for extraordinary relief and are rarely granted. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995). Applications must be efiled pursuant to the Local Rules. All ex parte applications shall be sent in pdf version to the chambers email at email@example.com (firstname.lastname@example.org) along with a word or word perfect version of the order. A mandatory chambers copy of moving, opposition, or notice of non-opposition papers must be delivered to the tray outside the door to chambers. Both the email to the Court, and the application, should advise whether opposing counsel will be filing opposition. Applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered. In addition to the requirements of Local Rules 7-19 and 7-19.1, the moving party shall serve the opposing party by email, facsimile transmission, or personal service and shall notify the opposition that opposing papers must be filed no later than twenty-four hours (or one court day) following such service. The Court considers ex parte applications on the papers and usually does not set these matters for hearing. The CRD will notify counsel of a hearing date and time, if the Court determines a hearing is necessary. Rulings on ex partes will be efiled by the Court. Sanctions may be imposed for misuse of ex parte applications.
- Continuances are granted only on a showing of good cause. Requests for continuances must be by motion, stipulation, or application accompanied by a declaration setting forth the reasons for the requested continuance. The declaration should also include whether there have been any previous requests for continuances and whether these requests were granted or denied by the Court. Stipulations extending dates set by this Court are not effective unless approved by the Court. Requests for continuance should be submitted well in advance of the date to be continued. Continuances will not always be granted.
- Counsel should not contact the judge’s law clerks or secretary/judicial assistant unless responding to an inquiry they initiated.
- Calls will not be returned regarding the status of submitted motions, stipulations, or proposed orders. Sufficient copies of any proposed order should be provided for conforming, along with a self-addressed, stamped envelope. Counsel may also determine the status of any submitted motion, stipulation, or proposed order by accessing PACER.
- If counsel has a conflicting appearance in the court of a more senior district judge, counsel must email the CRD indicating the time of the appearance, the case name, and the name of the other judge. On the day of the appearance, if possible, request the other judge’s CRD to update Judge Fischer’s CRD as to when counsel will be appearing in Judge Fischer’s courtroom.
If counsel will be late, or cannot make a court appearance for any other reason, good cause must be shown. The Court must approve all continuances and special requests. Counsel must make such requests in pleading form by submitting a stipulation and a proposed order to the filing window (Clerk’s Office, Room G-19). Refer to Local Rule 52.9 for the proper format.
If a stipulation cannot be reached, counsel must submit an ex parte application and proposed order following the requirements of paragraph 6.
- Counsel shall contact the CRD by telephone to request leave to bring electronic equipment into the courtroom. Counsel will be advised by the CRD that such a request shall be made by a letter addressed to the U.S. Marshal’s Office, carbon copied to the Court Coordinator and prepared for the CRD’s signature, along with the case name and case number. Counsel may fax the letter to the CRD for signature. On arrival at the courthouse, counsel shall present the letter to Court Security for approval.
- For general information on how to order a transcript of any reported or digitally recorded proceeding, please contact 213-894-3015 or visit the court website (www.cacd.uscourts.gov) section referring to Court Reporter/Recorder Transcripts. If you require an estimate of cost for the preparation of 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’ve determined the correct court reporter/recorder for the desired session, click on Court Reporter Phone and Email List for contact information.
- Call 213-894-7115 if you have questions regarding law clerk or extern positions.
- It is the responsibility of counsel in a civil case to arrange for the services of an interpreter. Interpreter’s Office: 213-894-4599.
- Pursuant to Local Rule 16-15, the parties in every case must elect an Alternative Resolution Dispute procedure (ADR).
- For Judge Fischer’s case management, scheduling, and trial procedures, see the Orders below.
- All requests from the media should be directed to the Court’s Communication Specialist at (213) 894-7987. The CRD will not return calls from the media or answer questions from the media. The media are directed to check the Court’s electronic record for more information.
- If counsel has received a "Notice to Parties of Court-Directed ADR Program" (form ADR-08), the Court will presumptively refer the case to the Court Mediation Panel or to private mediation at the time of the initial scheduling conference. See General Order 11-10, § 5.1. Counsel are directed to furnish and discuss this Notice with their clients in preparation for the parties’ Fed.R.Civ.P. 26(f) conference. Counsel should include their shared or separate views regarding a preference for the Court Mediation Panel or private mediation, and when the mediation should occur, in the written report required by Fed.R.Civ.P. 26(f) and Civil L.R. 26-1. A settlement conference with a magistrate judge is generally not available for cases in the Court-Directed ADR Program. See Civil L.R. 26-1(c). For information about the Court’s ADR Program, please see General Order 11-10.
- For information regarding ELMO reservations and/or training please visit the court website (www.cacd.uscourts.gov) section referring to Courtroom Technology. Alternatively, you may contact the Courtroom Technology Help Desk at 213-894-3061.