Honorable John D. Early

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Magistrate Judge

Santa Ana

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 reserves the right to sua sponte continue motions or decide them on the papers without oral argument.

Judges' Procedures: 
  1. HEARINGS: Unless otherwise directed by the Court, civil motions are heard on Thursdays at 10:00 a.m. It is not necessary to clear a motion date with the CRD 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.

  2. 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, including the Pre-Filing Conference of Counsel, which shall be conducted in person if counsel are located in the same county, 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.  

    If all parties agree, they may, by email to chambers (JDE_Chambers@cacd.uscourts.gov), with representatives of all parties copied on such email, request a pre-Discovery Motion conference with the Court.  The email to chambers must contain the following, in numbered order: (1) a brief description of the essential nature of the dispute; (2) a brief description of the parties’ respective positions; (3) a statement of the relief requested by the prospective moving party; (4) a description of good faith efforts undertaken thus far to resolve the dispute; (5) three proposed dates and times agreeable to the parties for a conference with the Court; and (6) whether the parties prefer an in-person or telephonic informal conference. As informal conferences will not be appropriate in all instances, after a review of the email, the Court will either schedule the conference or advise the parties that no such informal conference shall take place.  

  3. 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.

  4. 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 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 or request further briefing. Discovery disputes should generally not be brought to the Court’s attention in an ex parte application.

  5. 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.

  6. 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.

  7. SETTLEMENT CONFERENCES: The parties should contact the CRD about dates available for settlement conferences. The proposed date(s) should be at least four 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 JDE_Chambers@cacd.uscourts.gov. A further Settlement Conference Order may be issued.

  8. 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 CRD. 

  9. 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.  Requests for continuances are not routinely granted.

  10. CALENDAR CONFLICTS: In the event of a calendar conflict, counsel should immediately advise the CRD telephonically and attempt to secure all other counsels’ 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.

  11. 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.

  12. 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.

    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 the correct court reporter/recorder for the desired session is located, click on Court Reporter Phone and Email List for contact information.

  13. 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.

  14. 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 documents 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. 

    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.

  15. LAW CLERK AND EXTERN POSITIONS: Questions regarding law clerk/extern positions: Submit letter, resume, and writing sample to chambers.

  16. SPECIAL APPEARANCES: The Court does not permit special appearances. Counsel of record shall appear at all court proceedings.

  17. PROCEDURE FOR PRESENTING DOCUMENTS FOR SEALING IN CIVIL CASES: All parties and counsel must comply with all steps of the multi-step procedure set forth in Local Rule 79-5.