Honorable Douglas F. McCormick
Ronald Reagan Federal Building and United States Courthouse, 411 W. Fourth St., Santa Ana, CA 92701, Courtroom 6B, 6th Floor
Tuesdays at 10:00 a.m. It is not necessary to clear a motion date with the Court’s clerk prior to filing the motion, although the Court reserves the right to sua sponte continue motions or decide them on the papers without oral argument.
- HEARINGS: Unless otherwise directed by the Court, civil motions are heard on Tuesdays at 10:00 a.m. It is not necessary to clear a motion date with the Court’s clerk prior to filing the motion, although the Court reserves the right to sua sponte continue motions or decide them on the papers without oral argument.
- DISCOVERY MOTIONS: Discovery motions are to be calendared before the magistrate judge unless otherwise ordered by the district judge. Compliance with Local Rule 37-1 is required.
- INFORMAL TELEPHONIC CONFERENCE IN DISCOVERY DISPUTES.
With the agreement of the parties, the Court will conduct informal telephonic conferences to resolve discovery disputes outside the formal Local Rule 37 procedures.
Before any such telephonic conference, the parties must engage in the pre-filing conference of counsel required by Local Rule 37-1. During such conference, the parties should consider whether the issue can be presented through an informal telephone conference rather than through the filing of a formal motion. Should the parties agree to an informal telephonic conference, the prospective moving party should contact the Court’s Courtroom Deputy by e-mail at DFM_Chambers@cacd.uscourts.gov to schedule a conference. The prospective moving party should be prepared to provide the Court’s Courtroom Deputy with at least three proposed dates and times for a telephonic conference. The Court prefers to conduct its telephonic conferences at 9:30 am.
At least 24 hours before the telephonic conference, unless a different deadline is set by the Court, the parties shall submit letters of no more than 2 pages in length providing a synopsis of the discovery dispute and what meet and confer efforts have been undertaken. Absent court order, such letters should not be filed; rather, letters should be e-mailed to DFM_Chambers@cacd.uscourts.gov and copied to all counsel. No paper courtesy copy is required.
After the telephonic conference, the Court may issue an order ruling on the issues presented. The Court may also order further briefing if the Court determines that the issues cannot be resolved without further briefing. If the Court orders further briefing, the Court may or may not order the parties to follow the provisions of Local Rule 37-2 et seq.
- TENTATIVE RULINGS: Tentative rulings are issued as appropriate. If issued, they will be available by clicking on the "Tentative Rulings" link above after Noon on the business day before the hearing and/or approximately 1/2 hour prior to the hearing in the courtroom. If all parties submit on the tentative ruling, please advise the Courtroom Deputy, and no appearance will be required.
- EX PARTE APPLICATIONS: Compliance with Local Rules 7-19 and 7-19.1 is required. An ex parte application is usually considered on the papers only. If the application is opposed, opposition papers should be filed no later than noon on the first court day following service of the application. In most cases, the Court will wait until that time before ruling. If needed, the Court will schedule a hearing. Discovery disputes should generally not be brought to the Court’s attention in an ex parte application.
- CHAMBERS COPIES: Mandatory chambers copies of all e-filed documents must be delivered to the chambers drop box located on the 6th floor (by hand or overnight courier) by noon on the following day. Chambers copies do not need to be blue backed. Electronic copies of proposed orders, in Microsoft Word or WordPerfect format, must be e-mailed to the Court at DFM_Chambers@cacd.uscourts.gov.
- TELEPHONIC APPEARANCES: Any party who wishes to appear at a hearing by telephone must make such a request at least two court days before the hearing.
- SETTLEMENT CONFERENCES: The parties should contact the court clerk about dates available for settlement conferences. The proposed date(s) should be at least two weeks in advance. All settlement conference papers should be delivered directly to the Judge’s chambers on the 6th floor. In lieu of personal delivery, settlement conference papers may be emailed to chambers at DFM_Chambers@cacd.uscourts.gov.
- CONTACTS WITH CHAMBERS: Counsel are not allowed to call chambers or the Court’s law clerks unless specifically directed to do so by the Court or the Court’s clerk.
- CONTINUANCES: To request a continuance of any scheduled court proceeding: Submit a stipulation and proposed order no less than 3 business days before the scheduled hearing.
- CALENDAR CONFLICTS: In the event of a calendar conflict, counsel should immediately advise the Court’s clerk telephonically and attempt to secure other counsel’s agreement to stipulate to a new date. If opposing counsel will not agree to a continuance, the request should be made by ex parte application.
- CRIMINAL DUTY: Federal law enforcement agents and the U.S. Attorney’s Office are encouraged to advise the courtroom deputy clerk in advance of the anticipated submission of warrants, criminal complaints, and other applications for the Court’s review.
- TRANSCRIPTS AND RECORDINGS: 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 have 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 requesting party to secure its own interpreter for a particular matter on a civil case. The requesting party may arrange for an outside interpreter or may make an arrangement with the Court Interpreter Services Manager at [213-894-4559] to secure an interpreter. The requesting party will bear the cost.
- STIPULATED PROTECTIVE ORDERS: Parties frequently file stipulated protective orders that do not satisfy Rule 26 and the Ninth Circuit’s standards for protective orders. All proposed protective orders must describe the documents to be protected with particularity. See Rivera v. Nibco, Inc., 364 F.3d 1057, 1063 n. 3 (9th Cir. 2004). Therefore, the documents, information, items or materials that are subject to the protective order shall be described in a meaningful fashion (for example, “personnel records,” or “market surveys,” etc.). It is not sufficient to use only conclusory terms such as “confidential or proprietary information.” Also, the Court cannot agree to “seal 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 Rule 79-5.1, to file the papers – or the confidential portion thereof – under seal. The application shall be directed to the judge to whom the papers are directed. Pending the ruling on the application, the papers or portions thereof subject to the sealing application shall be lodged under seal. In the event of a dispute regarding the designation of confidential information, the procedure for obtaining a decision from the Court is that set forth in Local Rule 37. All proposed protective orders must include a statement establishing the requisite good cause. Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003) (holding that court’s protective order analysis requires examination of good cause) (citing Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11, 1212 (9th Cir. 2002); San Jose Mercury News, Inc. v. United States Dist. Court, 187 F.3d 1096, 1102 (9th Cir. 1999); Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir.1992).
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) (holding that parties must make a “particularized showing” under Rule 26(c)’s good cause showing for court to enter protective order); Phillips, 307 F.3d at 1210-11 (noting that Rule 26(c) requires a showing of good cause for a protective order). Even stipulated protective orders require a showing of good cause. See, e.g., Makar-Wellbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999). The Court recommends that a separate paragraph be included in each protective order and that paragraph should be labeled “GOOD CAUSE STATEMENT.” The parties should then set forth the reasons establishing good cause. Finally, in all proposed protective orders and other filings pertaining to discovery, the parties shall include the following in the caption: “[Discovery Document: Referred to Magistrate Judge Douglas F. McCormick].”]
- LAW CLERK AND EXTERN POSITIONS: Questions regarding law clerk/extern positions: Submit letter, resume, and writing sample to chambers.
- SPECIAL APPEARANCES: The Court does not permit special appearances. Counsel of record shall appear at all court proceedings.
- Procedure for Presenting Documents for Sealing in Civil Cases. Effective December 1, 2015, all parties and counsel must comply with all steps of the multi-step procedure set forth in Local Rule 79-5. Refer to attached Guide.