Honorable John D. Early

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Magistrate Judge

Ronald Reagan Federal Building and United States Courthouse, 411 W. Fourth St., Santa Ana, CA 92701, Courtroom 6A, 6th Floor​

Law and Motion Schedule: 

Thursdays at 10:00 a.m. It is not necessary to clear a motion date with the Courtroom Deputy Clerk (“CRD”) prior to filing the motion, although the Court may continue motions or decide them on the papers without oral argument.

Judges' Procedures: 
 
  1. DISCOVERY MOTIONS: Discovery motions are to be calendared before the Magistrate Judge unless otherwise ordered by the District Judge.  All filings pertaining to discovery, including proposed protective orders, shall include the following in the caption: “[Discovery Document: Referred to Magistrate Judge John D. Early].”] 

    Strict compliance with Local Rule 37-1 and 37-2, is required and “failure of any counsel to comply with or cooperate in” the procedures set forth in Local Rule 37 “may result in the imposition of sanctions.” Local Rule 37-4.    

  2. TENTATIVE RULINGS: Tentative rulings may be issued when appropriate.  If issued, tentative rulings 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 CRD, and no appearance will be required.

  3. EX PARTE APPLICATIONS: Compliance with Local Rules 7-19 and 7-19.1 is required. The Caption shall identify whether the application is “OPPOSED” or “UNOPPOSED.”  An ex parte application is usually considered on the papers only. If the application is opposed, opposition papers should be filed no later than 24 hours after the filing of the application. In most cases, the Court will wait until that time before ruling. If needed, the Court will schedule a hearing or request further briefing. Discovery disputes should generally not be brought to the Court’s attention in an ex parte application.

  4. 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 no later than the following day. Electronic copies of proposed orders, in Microsoft Word or WordPerfect format, must be e-mailed to the Court at JDE_Chambers@cacd.uscourts.gov.

  5. TELEPHONIC APPEARANCES: Any party who wishes to appear at a hearing by telephone must make such a request with the CRD at least two court days before the hearing.  Requests are not automatically granted.

  6. SETTLEMENT CONFERENCES: The parties should contact the CRD with at least three proposed dates for settlement conferences at least four weeks before the requested conference. 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 JDE_Chambers@cacd.uscourts.gov. A further Settlement Conference Order may be issued.

  7. CONTACTS WITH CHAMBERS: Counsel are not to call chambers or the Court’s law clerks unless specifically directed to do so by the Court or the CRD. 

  8. CONTINUANCES: To request a continuance of any scheduled court proceeding or other deadline: Submit a stipulation and proposed order no less than three (3) court days before the scheduled hearing or other deadlines.  Requests for continuances are not routinely granted.

  9. CALENDAR CONFLICTS: In the event of a calendar conflict, counsel should immediately advise the CRD telephonically or by email and attempt to secure all other counsels’ agreement to stipulate to a new date or time. If opposing counsel will not agree to a continuance, the request should be made by ex parte application.

  10. TRANSCRIPTS AND RECORDINGS: For general information on how to order a transcript of any reported or digitally recorded proceeding, please visit the section of the Court's website (www.cacd.uscourts.gov) referring to Court Reporter/Recorder Transcripts.

  11. INTERPRETERS: It is the responsibility of the requesting party to secure its own interpreter for a matter in a civil case. The requesting party may arrange for an outside interpreter or may make arrangements with the Court Interpreter Services Manager to secure an interpreter as provided at the Court's website. The requesting party will bear the cost.

  12. STIPULATED PROTECTIVE ORDERS: Parties frequently file stipulated proposed protective orders that do not satisfy Rule 26 and the Ninth Circuit’s standards for protective orders. All proposed protective orders must describe the material to be protected with particularity. 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.” All proposed protective orders, including stipulated protective orders, must contain a showing of “good cause.”  A separate paragraph setting forth such good cause and labelled “GOOD CAUSE STATEMENT,” followed by the factual reasons supporting the parties’ asserted good cause, is recommended.  In addition, the Court will not enter any protective order that contains any procedures regarding the “sealing” of filings or otherwise purporting to restrict public access to court records that are contrary to or beyond those set forth in Local Rule 79-5 and applicable Ninth Circuit and U.S. Supreme Court precedent. Similarly, no proposed protective order should purport to control the handling of materials at trial. 

    A model protective order is attached below.  Please note that when stipulated and proposed protective orders are filed as a single document, the document title should include the word “proposed” and a separate version should be attached as the proposed order, with CM/ECF procedures followed for lodging of proposed orders, including an email to Chambers of a word processing-formatted version of the proposed order.  See Local Rule 5.4.4.