Honorable Kenly Kiya Kato
Riverside, Courtroom 3 or 4, 3rd Floor
Civil motions are heard on Thursdays, Time: 10:00 a.m.
(If Thursday is a holiday, next motion date is the following Thursday.)
It is not necessary to clear a motion date with the court clerk prior to filing the motion.
- Civil motions are heard on Thursdays at 10:00 a.m. It is not necessary to clear a civil motion date with the Courtroom Deputy Clerk (CRD) prior to filing the motion. The Court may take any motion under submission without oral argument. See Local Rule 7-15. The parties shall contact the CRD to schedule all motions in criminal cases.
- Discovery motions are to be scheduled before the magistrate judge only if referred by the district judge. Counsel are advised to review the procedures and standing orders of the assigned district judge before filing any discovery motion. Strict compliance with Local Rule 37 is required. The Court may take any motion under submission without oral argument. See Local Rule 7-15.
- If there is a tentative ruling, it will be provided to counsel at the time counsel checks in with the CRD.
- Mandatory chambers copies of all e-filed documents must be delivered to the chambers copy box on the 3rd Floor by noon on the court day following the date of filing as required by General Order 10-07.IV.D. Electronic copies of proposed orders shall be emailed to the Court at KK_chambers@cacd.uscourts.gov. Proposed orders shall be in WordPerfect or Microsoft Word format.
- Procedures for filing an ex parte application: Strict compliance with Local Rule 7-19 is required. Any opposition should be served and filed within 24 hours of applicant’s oral notice. Conformed paper copies of the filed application and any opposition should be delivered directly to chambers. Ex parte applications will ordinarily be decided on the papers without oral argument. The Court will notify the parties if it desires a hearing. Please note that, absent an emergency, ex parte applications are not an acceptable method of bringing a discovery dispute to the attention of the Court. Ex parte applications shall identify in the caption whether “OPPOSED” or “UNOPPOSED” and shall also identify in the caption whether the relief being sought has been previously sought via ex parte application (e.g. “FIRST ex parte application for extension of time,” “SECOND ex parte application for extension of time”).
- To request a continuance of any scheduled court hearing, the parties should submit a signed stipulation and proposed order at least three court days prior to the scheduled hearing date. If it is necessary to file an ex parte application to request a continuance, the application must set forth opposing counsel’s position. In addition, the parties should notify the CRD as soon as the need to reschedule a hearing is discovered.
- Requests to extend any scheduled filing date (either by ex parte application or stipulation) shall be filed no later than three (3) days prior to the scheduled date. Extensions are not allowed absent permission of the Court given on showing of good cause.
- Any party who wishes to appear at a hearing by telephone shall make such a request at least two court days before the hearing. Telephonic appearances are not allowed absent permission of the Court given on showing of good cause.
- The parties are to advise the CRD in advance about any calendar conflict and attempt to stipulate to an alternative date and time with opposing counsel. The alternative date and time should be cleared in advance with the CRD.
- Inquiries regarding the status of a motion, stipulation, or proposed order should be made by checking the docket. If the information is unavailable, counsel may contact the CRD. Also, please refer to Local Rule 11-4.5. Counsel are not allowed to contact the magistrate judge’s law clerks, or to communicate with chambers by means of the Court’s email address other than to email proposed orders.
- Counsel should contact the CRD regarding procedures for using or bringing electronic equipment into the courtroom.
- 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 Reporting Services, located under “Clerk Services”. 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.
- It is the responsibility of the parties to obtain the services of an interpreter in a civil case if one is needed. If the government is the moving party, contact the CRD. All other parties may contact the Interpreter’s Section at 213-894-4599.
- Settlement Conferences: Parties should contact the CRD about available dates for settlement conferences. All settlement conference papers should be delivered directly to the magistrate judge’s chambers located at 3470 Twelfth Street, 3rd Floor, Riverside, California. In lieu of personal delivery, settlement conference papers may be emailed to KK_chambers@cacd.uscourts.gov, provided that the total number of pages being emailed is 20 or less.
- Stipulated Protective Orders: Parties frequently file stipulated protective orders that do not satisfy Rule 26 of the Federal Rules of Civil Procedure, the Ninth Circuit's standards for protective orders, or the Local Rules of this Court. For example, the Court may only enter a protective order upon a showing of good cause. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006) (parties must make a "particularized showing" under Rule 26(c)'s good cause requirement for court to enter protective order). In addition, the Court will not enter a protective order that provides for the automatic sealing of 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. Also, 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. An example of a stipulated protective order that satisfies these and other requirements is attached below.
- Federal law enforcement agents and the U.S. Attorney’s Office are encouraged to advise the CRD in advance of the anticipated submission of warrants, criminal complaints, and other applications for the Court’s review.
- Notwithstanding Local Rule 16-12(c), the parties in cases in which a plaintiff appears pro se must meet and confer in compliance with Local Rule 7-3, unless the pro se plaintiff is incarcerated.
- For inquiries regarding law clerk positions, please visit https://oscar.uscourts.gov. For inquiries regarding extern positions, please communicate via letter to the magistrate judge.