Honorable Dean D. Pregerson

Printer-friendly versionPrinter-friendly version
District Judge

​United States Courthouse, 350 West 1st Street, Los Angeles, CA. 90012 - Courtroom 9C

Law and Motion Schedule: 
MOTION DATES NEED NOT BE RESERVED.
 

Counsel shall set matters for hearing pursuant to the Local Rules of the Court and ensure compliance with notice requirements.

Civil Motions - Mondays at 10:00 a.m. only

Criminal Motions - Mondays at 1:30 p.m. only                                                

Judges' Procedures: 


  1. COURT HOURS:

    1. Trials -- Generally 9:00 a.m. to 5:00 p.m. with a lunch break and short breaks in the morning and afternoon.
    2. Civil Motions -- Mondays at 10:00 a.m. only.
    3. Criminal Motions -- Mondays at 3:00 p.m. only.
    4. Civil Pre-Trial Conferences -- Mondays at 11:00 a.m.
    5. Criminal Pre-Trial Conferences -- Mondays at 9:00 a.m.
    6. Scheduling Conferences -- Mondays at 2:00 p.m.
  2.  CONTACT WITH CHAMBERS:
     
    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). 
  3.  CALENDAR CONFLICTS:
     
    If counsel has an appearance with another district judge, please leave a voice mail message with the Court Clerk at 213-894-2309 indicating the time of the appearance and the name of the other judge. On the day of the appearance, if possible, request the other judge’s Court Clerk to update Judge Pregerson’s Court Clerk as to when counsel will be appearing in Judge Pregerson’s courtroom.
    If counsel cannot make a court appearance, 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 proposed order in accordance.
    If a stipulation cannot be reached, counsel must submit an ex parte application and proposed order. Please notify the Court Clerk at 213-894-2309 if there is any opposition to the ex parte application. The written opposition to the ex parte application must be submitted within 24 hours for consideration by the Court.
  4.  CONTINUANCES:
     
    Continuances and special requests must be approved by the Court. Good cause must be shown.
    If a stipulation cannot be reached, counsel must submit an ex parte application and proposed order. Please notify the Court Clerk at 213-894-2309 if there is any opposition to the ex parte application. The written opposition to the ex parte application must be submitted within 24 hours for consideration by the Court.
    Time does not permit the Court Clerk to respond to questions regarding whether the Court has approved requests, or to confirm a message left for counsel.
  5. FILINGS:                                                                                                                                                                                                                                                                    Follow the local rules and federal rules of procedure.                                                                                                                
  6. 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.
  7. Do not clear a motion date with the Court Clerk prior to filing the motion, see Local Rule 6-1. The Court hears motions only on Mondays (civil at 10:00 a.m. and criminal at 3:00 p.m.). 
  8. The Court will allow only one motion for summary judgment per party in this case, and will not entertain cross-motions.  Counsel shall meet and confer prior to summary judgment to determine which party will be the moving party and which will be the opposing party on summary judgment.  To the extent it is appropriate based on undisputed facts and controlling principles of law, the Court will sua sponte enter summary judgment in favor of the non-moving party pursuant to Rule 56(f).  If any party believes this is one of the rare instances in which there is good cause to allow more than one summary judgment motion (including a cross-motion) or to increase page limits on the moving papers, the party shall seek leave from the court by a noticed motion setting forth good cause.
  9. Motions in limine are to be noticed for hearing no later than the Monday eight days prior to the trial date. If the hearing date falls on a legal holiday, notice the motion-in-limine hearing fifteen days prior to the trial date.
     
  10. Under Seal Filings in Civil Cases: Counsel are ORDERED to follow the procedures outlined in L.R. 79-5. 79-6 and 79-7. See http://www.cacd.uscourts.gov/e-filing/sealed-documents. Under Seal "cooperator" documents should NOT be linked to the defendant.                                                                                                                                                                          
  11.  TELEPHONIC HEARINGS:
  12.  
    At least one week prior to the scheduled hearing, counsel located outside the Central District may arrange to appear telephonically. Contact the Court Clerk at 213-894-2309 for the Court’s permission. The requesting attorney is responsible for informing all parties of the telephonic appearance, which parties are to appear in person or telephonically, as well as any change in the hearing time. The requesting attorney is responsible for coordinating and initiating the telephone call. No cellular or speaker telephones may be used. All participants are to be on the telephone line before connecting the Court.
  13.  DISCOVERY MOTIONS:
     
    All discovery motions must be heard prior to the discovery cut-off date.
    Discovery motions are to be scheduled before the magistrate judge assigned to the case (the magistrate judge’s initials, followed by a small “x”, are in the parenthetical in the case number). All discovery motion papers must include “DISCOVERY MATTER” in the caption.
  14.  TRIAL EXHIBITS:
     
    Three non-blue backed copies each of exhibit lists and witness lists (in the order they are to be called) are to be delivered to the Court Clerk on the morning of the first day of trial.
    Two exhibit notebooks (an original and the Judge's copy) are required to be delivered to the Court Clerk on the morning of the first day of trial. No additional notebook is needed for witnesses. Counsel are to prepare their exhibits by placing them in 3-hole notebooks. The notebooks are to be tabbed down the right side with numeric tabs separating each exhibit. The exhibits are to be numbered in accordance with Local Rule 26-3.1 - 26-3.5.  Each exhibit must have an exhibit tag stapled to the upper right-hand corner of its first page. The spine on the exhibit notebook must reflect the exhibit numbers contained within. For example: Trial Exhibit Notebook 1, Exh. Nos. 1-25.  All exhibits will be returned to counsel at the end of trial and will not  be kept by the Court.  Counsel are to keep the lodged and admitted exhibits in their possession pursuant to Local Rules 79-37 and 79-4.
    1. Exhibit Tags:
      The Court requires the large exhibit tags, which may be obtained from the Clerk’s Office, Room G-19, 312 North Spring Street, Los Angeles.
      Each exhibit should have an exhibit tag stapled to the upper right-hand corner of its first page. The plaintiff's exhibits shall be tagged with yellow tags; and the defendant's exhibits shall be tagged with blue tags. The tags shall indicate the case number, case name, and exhibit number.
  15.  JURY INSTRUCTIONS:
     
    1. Civil Jury Trials
      Local Rule 16.2 requires that counsel meet at least forty (40) days in advance of the date set for the final Pre-Trial Conference for the purpose of accomplishing various tasks in preparation for trial. In accordance with the Local Rules, the parties shall meet with the goal of reaching agreement to one set of joint jury instructions and one verdict form. The set of joint jury instructions must be filed at least five (5) court days before the final Pre-Trial Conference. The parties may submit another set of jury instructions containing the instructions upon which the parties disagree and the objections to those instructions.
      Where the parties disagree on an instruction, the party opposing the instruction must attach a short (i.e., one to two paragraphs) statement supporting the objection and the party submitting the instruction must attach a short statement supporting the instruction. Each statement should be on a separate page and should follow directly after the disputed instruction.
      Accordingly, the parties ultimately will submit one document or, if the parties disagree over any proposed jury instructions, two documents. If the parties submit two documents, those documents should consist of: (1) a set of agreed upon jury instructions and (2) a set of disputed jury instructions along with reasons supporting and opposing each disputed instruction.
      The Court orders the parties to make every attempt to agree upon the jury instructions before submitting them to the Court. In addition, where the Manual of Model Civil Jury Instructions for the Ninth Circuit (2007 edition) provides a version of a requested instruction, the parties shall submit the Model instruction. Where California law applies, the Court prefers counsel to use California Jury Instructions -- Civil ("BAJI"). If neither of the above sources is applicable, counsel are directed to use the instructions from O'Malley-Grenig-Lee, et al., Federal Jury Practice and Instructions(Fifth Edition). Each requested jury instruction shall cover only one subject or principle of law and shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction (except for the jury copy discussed below).
      The Court will send a copy of the jury instructions into the jury room for use by the jury during deliberations. Accordingly, in addition to the file copies described above, the parties shall file with the Courtroom Deputy Clerk on the first day of the trial a "clean set" of joint and/or proposed jury instructions which contain only the text of each instruction set forth in full on each page, with the caption "Court’s Instruction Number " (eliminating titles, supporting authority, indication of party proposing, etc.). This will be referred to as the "Jury Copy" of the jury instructions.
      If counsel prepared the jury instructions using WordPerfect, counsel shall provide the Court with a compact disk (CD) containing the proposed jury instructions along with the hard copy.
      An index page shall accompany all jury instructions submitted to the Court. The index page shall indicate the following:
      1. The number of the instruction;
      2. A brief title of the instruction;
      3. The source of the instruction and any relevant case citations; and
      4. The page number of the instruction.
      EXAMPLE:
      Number Title Source Page
      1 Burden of Proof 9th Cir. 12.02 7
      Counsel shall also prepare a joint statement of the case which will be read by the Court to the prospective panel of jurors prior to the commencement of voir dire. The statement should not be longer than two or three paragraphs. The statement shall be filed with the Court five (5) court days before the Pre-Trial Conference.
    2. Criminal Jury Trials
      At least five (5) court days prior to the final Pre-Trial Conference, the parties shall meet with the goal of reaching agreement to one set of joint jury instructions.
      Where the parties disagree on an instruction, the party opposing the instruction must attach a short (i.e., one to two paragraphs) statement supporting the objection and the party submitting the instruction must attach a short statement supporting the instruction. Each statement should be on a separate page and should follow directly after the disputed instruction.
      Accordingly, the parties ultimately will submit one document or, if the parties disagree over any proposed jury instructions, two documents. If the parties submit two documents, those documents should consist of: (1) a set of agreed upon jury instructions and (2) a set of disputed jury instructions along with reasons supporting and opposing each disputed instruction.
      The Court orders the parties to make every attempt to agree upon the jury instructions before submitting them to the Court. In addition, where the Manual of Model Criminal Jury Instructions for the Ninth Circuit provides a version of a requested instruction, the parties shall submit the Model instruction. The only exception to the above is that the Court prefers the instruction from Edward J. Devitt, et al., Federal Jury Practice and Instructions on the burden of proof. If a Model instruction does not exist for a particular subject, counsel may submit an instruction from Devitt (supra). Each requested jury instruction shall cover only one subject or principle of law and shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction (except for the jury copy discussed below).
      The Court will send a copy of the jury instructions into the jury room for use by the jury during deliberations. Accordingly, in addition to the file copies described above, the parties shall file with the Courtroom Deputy Clerk on the first day of the trial a "clean set" of joint and/or proposed jury instructions which contain only the text of each instruction set forth in full on each page, with the caption "Court’s Instruction Number " (eliminating titles, supporting authority, indication of party proposing, etc.). This will be referred to as the "Jury Copy" of the jury instructions.
      If counsel prepared the jury instructions using WordPerfect, counsel shall provide the Court with a three and one-half inch floppy disk containing the proposed jury instructions along with the hard copy.
      An index page shall accompany all jury instructions submitted to the Court. The index page shall indicate the following:
      1. The number of the instruction;
      2. A brief title of the instruction;
      3. The source of the instruction and any relevant case citations; and
      4. The page number of the instruction.
      EXAMPLE:
      Number Title Source Page
      1 Burden of Proof 9th Cir. 12.02 7
      Counsel shall also prepare a joint statement of the case which will be read by the Court to the prospective panel of jurors prior to the commencement of voir dire. The statement should not be longer than two or three paragraphs. The statement shall be filed with the Court five (5) court days before the Pre-Trial Conference.
       
  16.  EX PARTE APPLICATIONS AND TEMPORARY RESTRAINING ORDERS:
     
    Do not attempt to schedule a hearing date and time for ex parte applications and temporary restraining orders. Follow the local rules and federal rules of procedure. Judge Pregerson will review your papers. If a hearing is necessary, counsel will be notified as soon as possible.
  17. TRANSCRIPT ORDERS:
     
    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.
     
  18. INTERPRETERS:
     
    Procedures for obtaining the services of an interpreter on a civil case are the responsibility of counsel. Interpreters must be certified. For information, dial 213-894-4599.
     
  19.  OTHER INFORMATION:
     
    General information: 213-894-1565 (recording).                                                                                                                                  
  20. LAW CLERK and EXTERN APPLICANTS:

Applicants may submit applications to Judge Dean D. Pregerson, United States District Court, Suite 4311, 350 West 1st Street, Los Angeles, CA 90012.  Applications are to include a cover letter, resume, transcript, and writing sample.  Letters of recommendation are to be directed to this address. [Currently accepting law clerk applications for the 2017-18 term.]