Honorable Maria A. Audero

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Magistrate Judge

Roybal Federal Building and United States Courthouse, 255 E. Temple St., Los Angeles, CA, 90012, Courtroom 690, 6th Floor

Law and Motion Schedule: 
  1. All motions, unless otherwise stated, are heard in Courtroom 690 in the Roybal Federal Building.
  2. Civil motions, including discovery motions, are heard on Tuesdays at 10:00 a.m.  If Tuesday is a holiday, the next motion date is the following Tuesday.  It is not necessary to clear a motion date with the Courtroom Deputy Clerk prior to filing the motion.  However, counsel shall check the "Closed Motion Dates" before filing a motion.  The Court reserves the right to continue motions sua sponte or decide them on the papers without oral argument.  (See Local Civil Rule 7-15.)
  3. Pro se motions are to be filed without requesting a hearing date.  The Court will determine whether a hearing is necessary and, if so, will set a hearing date.
  4. Discovery motions are to be scheduled before the Magistrate Judge, if referred by the District Judge.  Strict compliance with Local Civil Rule 37 et seq. is required.  Counsel should pay particular attention to Local Civil Rules 7-3, 37-1, and 37-2.4.  Motions not in compliance with the Local Rules are subject to rejection.
  5. Criminal motions are scheduled as required.  The parties must contact the Courtroom Deputy Clerk to schedule all such motions.
  6. Settlement conferences are held on Wednesdays at 10:00 a.m., unless otherwise scheduled by the Court.
Judges' Procedures: 
  1. Filings:  All papers filed with the Court shall comply with the Local Rules for the Central District of California, including Local Civil Rules 7 and 11, and Local Criminal Rule 12.  Requests to extend any scheduled filing date (either by ex parte application or stipulation) must be filed at least three (3) court days prior to the scheduled date.  Extensions are not allowed absent permission by the Court given on a showing of good cause.​​​
  2. Continuances and Calendar Conflicts:  To request a continuance of any scheduled Court proceeding, or to change a hearing date because of a calendar conflict, the parties shall notify the Courtroom Deputy Clerk telephonically as soon as the need to reschedule a hearing is discovered, and no later than five (5) court days before the scheduled proceeding.  Counsel shall attempt to secure opposing counsel’s agreement to stipulate to a new date and submit a stipulation and proposed order no later than five (5) court days before the scheduled hearing.  If a stipulation is not forthcoming, the request shall be made by ex parte application.  The alternative date and time shall be cleared in advance with the Courtroom Deputy Clerk.
  3. Mandatory Telephonic Conference for Discovery Disputes:  Discovery disputes often may be resolved without the need for formal motion papers.  To facilitate the just and expedient resolution of discovery disputes and to conserve the parties' and Court's resources, the Court requires the parties to follow the following procedure for filing discovery motions.  This procedure does not apply to ​ex parte applications or to cases in which a party to a discovery dispute is in custody.
    • ​​​​​​​​​First, the parties must engage in at least two attempts to resolve the dispute without Court involvement consistent with the pre-filing conference of counsel r​equired by Local Civil Rule 37-1.
    • Once the parties have determined that they have reached an impasse, within twenty-four (24) hours of the last conference, or as soon thereafter as practical, the movant must email (cc'ing all other parties) the completed form entitled "Request for Informal Discovery Conference" (available for download below) to MAA_Chambers@cacd.uscourts.gov, providing the following information: (a) a statement requesting a telephonic conference, including at least three (3) proposed dates and times agreeable to the parties and the two (2) dates of the parties' meet-and-confer efforts to resolve the dispute without Court intervention; and (b) a brief, neutral statement of the discovery dispute, the parties' respective positions, and the specific relief requested.  After its review of the email request, the Court will schedule the telephonic conference if appropriate or advise the parties to proceed by motion under Local Civil Rule 37-2.
    • Discovery motions shall not be filed until the Court has conducted a pre-motion telephonic conference unless the movant has obtained leave of Court.  The Court may strike any discovery motion violating this procedure.
  4. Stipulated Protective Orders:  Absent unusual circumstances, the parties shall prepare their protective orders based on the model protective order that is available for download below.  When the parties submit a protective order, a redline in Microsoft Word format shall also be provided by email to Chambers at MAA_Chambers@cacd.uscourts.gov showing all differences between the submitted order and model order. All proposed orders approving stipulated protective orders shall be submitted in Microsoft Word format with the full text of the stipulated protective order.
  5. Ex Parte ApplicationsEx parte applications ordinarily will be decided on the papers without oral argument. The Court will notify the parties if it desires an in-court or telephonic hearing.  Counsel’s attention is directed to Local Civil Rule 7-19.  The moving party shall serve the opposing party by electronic mail or hand service and shall notify the opposing party that any opposition must be filed not later than 24 hours after such electronic mail or hand service.  Ex parte applications shall identify in the caption whether it is “OPPOSED” or “UNOPPOSED.”  If counsel do not intend to oppose the ex parte application, counsel must inform the Courtroom Deputy Clerk by telephone.  A party submitting an ex parte application need not provide a party in custody with oral notice prior to filing, but shall make all reasonable efforts to provide notice as quickly as practicable, consistent with Local Civil Rules 7-19 and 7-19.1.  Any party relying on this policy shall state in the application (1) that the party in custody is incarcerated, and (2) all steps that have been or will be taken to provide the person in custody with prompt notice.
  6. Tentative Rulings:  The Court may, at its discretion, issue tentative rulings.  If there is a tentative ruling, it will be emailed to counsel of record at 3:00 p.m. on the court day before the hearing.  The parties are required to notify the Courtroom Deputy Clerk via email (cc’ing all other parties) whether or not they will submit on the tentative by 4:00 p.m. that day.  If both parties submit on the tentative, the hearing will be taken off calendar and the Court will issue a minute order adopting the tentative ruling.  If any party does not submit on the tentative, the hearing will go forward as scheduled.
  7. Under-Seal Documents:  Parties shall make every effort to limit the number and volume of under-seal filings. In most circumstances, parties should seek to file under seal only the specific exhibits or documents for which there is a valid basis for filing under seal. Pursuant to Local Civil Rule 79-5.2.2, except in sealed civil cases, “no document may be filed under seal without prior approval by the Court.” When seeking the Court’s approval for an under seal filing, the submitting party shall comply with the procedures established in Local Civil Rule 79-5.2.2(a). Because documents filed under seal are only visible on CM/ECF or PACER to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court’s CM/ECF system to effect service as provided in Local Civil Rule 5-3.2.1.  Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5.  Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Civil Rule 5-3.1.2 or a declaration explaining why service is not required.  Unless otherwise ordered by the Court, the submitting party shall deliver a mandatory chambers copy of the Application, Proposed Order, Declaration in Support of Application, and the document(s) and/or exhibit(s) the party seeks to file under seal to the Court’s chambers copy box (outside Suite 1200 on the 12th floor) no later than 12:00 p.m. on the following court day. The submission of documents for in camera review is governed by Local Civil Rule 79-6.
  8. Settlement Conferences:  Counsel shall meet and confer regarding dates for the settlement conference and provide the Courtroom Deputy Clerk with:  (a) three (3) dates on which all counsel and all parties are available to be present at a settlement conference, and (b) three (3) dates on which counsel are available for a pre-settlement conference call with the Court.  All parties must appear in person and have settlement authority unless otherwise ordered by the Court during the pre–settlement conference call.
  9. Communication with the Court:  Inquiries regarding the status of a motion, stipulation, or proposed order shall be made by checking the docket.  If such information does not appear on the docket when expected, counsel may sparingly contact the Courtroom Deputy Clerk for status inquiries.  Parties and counsel are not allowed to contact the Court’s Law Clerks or to communicate with Chambers by any means, except as expressly provided herein or otherwise ordered by the Court.
  10. Chambers Copies:  Mandatory chambers copies of all e-filed documents must be delivered to the Court’s chambers copy box (outside Suite 1200 on the 12th floor), no later than noon following the date of filing.  Failure to deliver timely mandatory chambers copies may result in a delay in hearing a motion or ordering the matter off calendar.  Copies must be printed from CM/ECF, labeled MANDATORY CHAMBERS COPY on the face page, and include: (1) the CM/ECF-generated header (consisting of the case number, document control number, date of filing, page number, etc.) at the top of each page; and (2) the NEF (see Local Civil Rule 5-3.2.1) as the last page of the document.  Chambers copies do not need to be blue backed.  All mandatory chambers copies shall be two-hole punched and bounded at the top.  Electronic copies of proposed orders must be emailed to the Court at MAA_Chambers@cacd.uscourts.gov. Proposed orders shall be in Microsoft Word format. (See Local Civil Rule 5-4.5.)
  11. Telephonic Appearances:  Telephonic appearances are allowed only on prior approval of the Court upon a showing of good cause.  Any party who wishes to appear at a hearing telephonically must make such a request at least two (2) court days before the hearing by emailing the Courtroom Deputy Clerk and copying opposing counsel.
  12. Special Appearances: The Court does not permit special appearances.  Counsel of record shall appear at all court proceedings.
  13. Interpreters:  If needed, it is the responsibility of the parties to obtain the services of an interpreter by contacting the Interpreter’s Office at (213) 894-4599.  If the government is the moving party, the government shall contact the Courtroom Deputy Clerk.
  14. Electronic Equipment in Court:  Counsel should contact the Courtroom Deputy Clerk regarding procedures for using or bringing electronic equipment into the courtroom.
  15. Criminal E-Filing Pilot Project Requirements:  In accordance with General Order 17-02, Criminal Duty Matters Electronic Filing Pilot Project, counsel are directed to email documents to: MAA_Chambers@cacd.uscourts.gov. Additionally, the following practices must be followed:
    • The subject line of the email must include the following information:  the generic name, case number, title, and date filed, as follows (example):  USA v. Search Warrant – 2:18-mj-00023 – Application for a Search Warrant filed on 2/20/2018.
    • Federal law enforcement agents and the U.S. Attorney’s Office shall advise the Courtroom Deputy Clerk in advance of the anticipated submission of lengthy affidavits in support of warrants, criminal complaints, and other applications for the Court’s review.
    • If any of the documents exceed 25 pages, the filing party must provide the Court with a paper chambers copy. (See Chambers Copies above.)
    • Once it is determined that the documents are in compliance, the agent will be asked to report to Chambers with the original and, if a conformed copy is requested, a copy of the documents, with the CM/ECF header.  No copies will be printed for conforming.
    • Chambers copies must include the CM/ECF header showing that the instant documents for signature have been e-filed.
    • Please ensure that Judge Audero’s name and the correct date are on the documents.
      FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS MAY RESULT IN A DELAY IN PROCESSING.
  16. Transcripts:  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’s website (www.cacd.uscourts.gov) section referring to Court Reporter/Recorder Transcripts.
  17. Externships:  Judge Audero begins to accept applications for judicial externships on December 1 for summer externships, February 15 for fall externships, and September 15 for spring externships.  A law student interested in an externship with the Court should check with his or her law school to see whether it has an externship program in coordination with the Court.  Interested individuals also may submit an application packet directly to the chambers of Judge Audero.  The packet must include a cover letter, a resume, undergraduate and law school transcripts, and a writing sample written by the student that shall not exceed ten (10) pages. Applications are accepted up to six months before the term for which the student is applying.  Interviews typically are scheduled and held by a law clerk, and offers usually are made at the time of the interview or shortly thereafter.  Applicants are not to contact Judge Audero’s Chambers regarding the status of an application.  However, if an applicant accepts a position with another judicial officer, the applicant should contact chambers to advise the judge that he or she has accepted another position and is withdrawing his or her application.