CACB — Rule 7003-1 through 7069-2

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/local_rules/LBRs%207003-1%20through%207069-2.pdf

LBR 7004-1

LBR 7003-1. ADVERSARY PROCEEDING COVER SHEET

A complaint, filed non-electronically, must be accompanied by an Official Form 1040, Adversary Proceeding Cover Sheet, completed and signed by the attorney or party filing the complaint. The form must contain the name, address, and telephone number of each party to the adversary proceeding, together with the name, address, and telephone number of each party’s attorney, if known.

LBR 7004-1. ISSUANCE AND SERVICE OF SUMMONS AND NOTICE OF STATUS CONFERENCE

(a) Issuance.

(1) Adversary Proceeding.

(A) Original Summons. After a complaint is filed pursuant to FRBP 7003, the
clerk will issue and file a Summons and Notice of Status Conference,
whether the complaint is filed electronically or non-electronically.

(B) Another Summons. Any request that the clerk issue and file another
Summons and Notice of Status Conference must be made by filing and
serving a request pursuant to LBR 9013-1(p) and using the court approved
form.

(i) Original Summons Not Timely Served. A plaintiff may request
another summons ("alias summons") pursuant to FRBP 7004(e) if a
plaintiff is unable to timely serve a summons, and still wishes to serve
a complaint on one or more parties.

(ii) Additional Party Added or Joined. A party may request another
summons if an additional party is to be added or joined by way of any
procedure authorizing such addition or joinder, including a third party
complaint.

(2) Involuntary Petition. The attorney or party must prepare a Summons and Notice
of Status Conference for issuance by the clerk, using court-mandated form
F 1010-1.SUMMONS.INVOL for involuntary petitions. The summons must be
presented concurrently with the filing of an involuntary petition pursuant to
11 U.S.C. § 303.

(b) Manner of Service. A summons must be served in the manner authorized in FRBP 7004. If a summons or any document is served by mail, the mailing address must include the zip code. The notice required by FRBP 7026 and LBR 7026-1 must be served with the summons and complaint.

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LBR 7016-1

LBR 7004-2. LIMITATIONS ON SERVICE BY MARSHAL

(a) General. Except as otherwise provided by order of the court or when required by the treaties or statutes of the United States, civil process on behalf of a non-governmental party must not be presented to the United States Marshal for service.

(b) Exception. Upon request by the government, civil process on behalf of the United States government or an officer or agency thereof may be made by the United States Marshal.

LBR 7008-1. CORE/NON-CORE DESIGNATION

In all adversary proceedings, the statements required by FRBP 7008 and 7012(b) must be plainly stated in the first numbered paragraph of the document.

LBR 7015-1. AMENDED AND SUPPLEMENTAL PLEADINGS

(a) Proposed Amendment. A copy of the proposed amended pleading must be attached as an exhibit to any notice of motion or stipulation to amend a pleading.

(b) Form. Every amended pleading filed as a matter of right or allowed by order of the court must be complete, including exhibits. The amended pleading must not incorporate by reference any part of the prior superseded pleading.

LBR 7016-1. STATUS CONFERENCE, PRETRIAL, AND TRIAL PROCEDURE

(a) Status Conference. In any adversary proceeding, the clerk will include in a summons, notice of the date and time of the status conference.

(1) Who Must Appear. Each party appearing at any status conference must be
represented by either the attorney (or party, if not represented by counsel) who is
responsible for trying the case or the attorney who is responsible for preparing the
case for trial.

(2) Contents of Joint Status Report. Unless otherwise ordered by the court, at least
14 days before the date set for each status conference the parties are required to
file a joint status report using mandatory court form F 7016-1.STATUS.REPORT
(and F 7016-1.STATUS.REPORT.ATTACH, if applicable).

(3) Unilateral Status Report. If any party fails to cooperate in the preparation of a
joint status report and a response has been filed to the complaint, each party must
file a unilateral status report not less than 7 days before the date set for each status
conference, unless otherwise ordered by the court. The unilateral status report
must contain a declaration setting forth the attempts made by the party to contact
or obtain the cooperation of the non-complying party. The format of the
unilateral status report must substantially comply with mandatory court form
F 7016-1.STATUS.REPORT.

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LBR 7016-1

(4) Scheduling Order. Unless otherwise ordered by the court, within 7 days after the
status conference the plaintiff must lodge, in accordance with LBR 9021-1(b), a
proposed scheduling order setting forth the following:

(A) Deadline to join other parties and to amend the pleadings;

(B) Deadline for all discovery to be completed, including the date by which all
responses to discovery requests are due;

(C) Deadline to file any pretrial motions and/or a pretrial stipulation;

(D) Any dates set for further status conferences, a final pretrial conference, and
the trial;

(E) Any other appropriate matter; and

(F) Proof of service on all opposing counsel (or parties, if not represented by
counsel), of a notice of lodgment.

(5) Stipulation for Extension of Deadlines in Scheduling Order. A stipulation for
extension of the deadlines set forth in a previously entered scheduling order must
contain facts establishing cause for the requested extension and be filed in
accordance with LBR 9021-1(b)(2) and LBR 9071-1.

(b) Pretrial Stipulation and Order.

(1) When Required.

(A) In any adversary proceeding, unless otherwise ordered by the court (or if ordered in a contested matter), attorneys for the parties (or parties, if not represented by counsel) must prepare a written pretrial stipulation approved by counsel for all parties.

(B) Unless otherwise ordered by the court, the pretrial stipulation must be filed or lodged (depending upon the procedures of the presiding judge) and served not less than 14 days before the date set for the pretrial conference (if one is ordered) or trial.

(C) Unless otherwise ordered by the court, all parties and/or attorneys for the parties must meet and confer at least 28 days before the date set for pretrial conference (if one is ordered) or trial, for the purpose of preparing the pretrial stipulation.

(2) Contents of Pretrial Stipulation. Unless the court orders otherwise, a pretrial stipulation must include the following statements in the following sequence:

(A) “The following facts are admitted and require no proof:” (Set forth a concise statement of each.)

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LBR 7016-1

(B) “The following issues of fact, and no others, remain to be litigated:” (Set forth a concise statement of each.)

(C) “The following issues of law, and no others, remain to be litigated:” (Set forth a concise statement of each.)

(D) “Attached is a list of exhibits intended to be offered at the trial by each party, other than exhibits to be used for impeachment only. The parties have exchanged copies of all exhibits.” (Attach a list of exhibits in the sequence to be offered, with a description of each, sufficient for identification, and as to each state whether or not there is objection to its admissibility in evidence and the nature thereof.) If deposition testimony is to be offered as part of the evidence, the offering party must comply with LBR 7030-1.

(E) “The parties have exchanged a list of witnesses to be called at trial.” The parties must exchange a list of names and addresses of witnesses, including expert witnesses, to be called at trial other than those contemplated to be used for impeachment or rebuttal. The lists of witnesses must be attached to the pretrial stipulation together with a concise summary of the subject of their proposed testimony. If an expert witness is to be called at trial, the parties must exchange short narrative statements of the qualifications of the expert and the testimony expected to be elicited at trial. If the expert to be called at trial has prepared a report, the report must be exchanged as well.

(F) “Other matters that might affect the trial such as anticipated motions in limine, motions to withdraw reference due to timely jury trial demand pursuant to LBR 9015-2, or other pretrial motions.”

(G) “All discovery is complete.”

(H) “The parties are ready for trial.”

(I) “The estimated length of trial is _______________________.”

(J) “The foregoing admissions have been made by the parties, and the parties have specified the foregoing issues of fact and law remaining to be litigated. Therefore, this order supersedes the pleadings and governs the course of trial of this cause, unless modified to prevent manifest injustice.”

(3) Order on Pretrial Stipulation. To determine if a proposed pretrial stipulation must be filed, or if it must be lodged, consult the presiding judge’s webpage on the court’s website, www.cacb.uscourts.gov.

(A) Filing the Pretrial Stipulation. If the presiding judge’s instructions are to file the pretrial stipulation, after the court rules on whether to approve or deny the pretrial stipulation, lodge an order approving or denying the pretrial stipulation according to the LOU Procedures found in The Central Guide.

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LBR 7016-1

(B) Lodging the Pretrial Stipulation. If the presiding judge’s instructions are to lodge the pretrial stipulation, lodge the pretrial stipulation according to the LOU Procedures found in The Central Guide.

(c) Plaintiff’s Duty.

(1) It is plaintiff’s duty to prepare and sign a proposed pretrial stipulation that is
complete in all respects except for other parties’ lists of exhibits and witnesses.

(2) Unless otherwise ordered by the court, plaintiff must serve the proposed pretrial
stipulation in such manner so that it will actually be received by the office of
counsel for all other parties (or parties, if not represented by counsel) not later
than 4:00 p.m. on the 7th day prior to the last day for filing or lodging (depending
upon the presiding judge’s procedures) the proposed pretrial stipulation.

(d) Duty of Parties Other Than Plaintiff. Each other party must, within 3 days following receipt of plaintiff’s proposed pretrial stipulation, take the following action:

(1) Agreement with Form of Proposed Stipulation. If plaintiff’s proposed pretrial
stipulation is satisfactory, attach that party’s list of exhibits and witnesses to the
pretrial stipulation, indicate approval of the proposed pretrial stipulation by
signature, file or lodge it (depending upon the presiding judge’s procedures) in
time to be received within the time prescribed in subsection (b)(1) of this rule, and
serve all other parties with a completed copy of the pretrial stipulation; or

(2) Disagreement with Form of Proposed Stipulation. If plaintiff’s proposed
stipulation is unsatisfactory:

(A) Immediately contact plaintiff in a good faith effort to achieve a joint
proposed pretrial stipulation; and

(B) If such effort is unsuccessful, prepare a separate proposed pretrial stipulation
and file or lodge it (depending upon the presiding judge’s procedures),
together with plaintiff’s proposed pretrial stipulation and a declaration of
that party setting forth the efforts made to comply with subsection (d)(2)(A)
of this rule. The separate proposed pretrial stipulation and declaration must
be filed or lodged (depending upon the presiding judge’s procedures) and
served in such a manner that they will actually be received by the court and
the plaintiff all within the time set forth in subsection (b)(1) of this rule.

(e) Non-receipt of Proposed Pretrial Stipulation.

(1) Plaintiff. A plaintiff who has complied with subsection (c) of this rule, and does not receive a timely response from the other parties, must file or lodge (depending upon the presiding judge’s procedures) and serve a proposed pretrial stipulation at least 14 days before the pretrial conference (if one is ordered) or trial. At the same time, plaintiff must file and serve a declaration asserting the failure of the other parties and/or counsel for the parties to respond.

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LBR 7026-1

(2) Other Parties. Any party other than plaintiff who has not received plaintiff’s proposed pretrial stipulation within the time limits set forth in subsection (c) of this rule must prepare, file, and serve at least 14 days prior to the trial or pretrial conference, if one is ordered, a declaration attesting to plaintiff’s failure to prepare and serve a proposed pretrial stipulation in a timely manner.

(f) Sanctions for Failure to Comply with Rule. In addition to the sanctions authorized by F.R.Civ.P. 16(f), if a status conference statement or a joint proposed pretrial stipulation is not filed or lodged within the times set forth in subsections (a), (b), or (e), respectively, of this rule, the court may order one or more of the following:

(1) A continuance of the trial date, if no prejudice is involved to the party who is not at fault;

(2) Entry of a pretrial order based conforming party’s proposed description of the facts and law;

(3) An award of monetary sanctions including attorneys’ fees against the party at fault and/or counsel, payable to the party not at fault; and/or

(4) An award of non-monetary sanctions against the party at fault including entry of judgment of dismissal or the entry of an order striking the answer and entering a default.

(g) Failure to Appear at Hearing or Prepare for Trial. The failure of a party’s counsel (or the party, if not represented by counsel) to appear before the court at the status conference or pretrial conference, or to complete the necessary preparations therefor, or to appear at or to be prepared for trial may be considered an abandonment or failure to prosecute or defend diligently, and judgment may be entered against the defaulting party either with respect to a specific issue or as to the entire proceeding, or the proceeding may be dismissed.

LBR 7026-1. DISCOVERY

(a) General. Compliance with FRBP 7026 and this rule is required in all adversary proceedings.

(1) Notice. The plaintiff must serve with the summons and complaint a notice that
compliance with FRBP 7026 and this rule is required.

(2) Proof of Service. The plaintiff must file a proof of service of this notice together
with the proof of service of the summons and complaint.

(b) Discovery Conference and Disclosures.

(1) Conference of Parties. Unless all defendants default, the parties must conduct the meeting and exchange the information required by FRBP 7026 within the time limits set forth therein. Unless otherwise ordered, the initial status conference

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constitutes the “scheduling conference” referred to in FRCP 26(f)(1) (incorporated by FRBP 7026).

(2) Joint Status Report. Within 7 days after such meeting, the parties must prepare a
joint status report containing the information set forth in LBR 7016-1(a)(2). The
joint status report will serve as the written report of the meeting required by FRBP
7026.

(c) Failure to Make Disclosures or Cooperate in Discovery.

(1) General. Unless excused from complying with this rule by order of the court for
good cause shown, a party must seek to resolve any dispute arising under FRBP
7026-7037 or FRBP 2004 in accordance with this rule.

(2) Meeting of Parties. Prior to the filing of any motion relating to discovery, the
parties must meet in person or by telephone in a good faith effort to resolve a
discovery dispute. It is the responsibility of the moving party to arrange the
conference. Unless altered by agreement of the parties or by order of the court for
cause shown, the opposing party must meet with the moving party within 7 days
of service upon the opposing party of a letter requesting such meeting and
specifying the terms of the discovery order to be sought.

(3) Moving Papers. If the parties are unable to resolve the dispute, the party seeking
discovery must file and serve a notice of motion together with a written
stipulation by the parties.

(A) The stipulation must be contained in 1 document and must identify,
separately and with particularity, each disputed issue that remains to be
determined at the hearing and the contentions and points and authorities of
each party as to each issue.

(B) The stipulation must not simply refer the court to the document containing
the discovery request forming the basis of the dispute. For example, if the
sufficiency of an answer to an interrogatory is in issue, the stipulation must
contain, verbatim, both the interrogatory and the allegedly insufficient
answer, followed by each party’s contentions, separately stated.

(C) In the absence of such stipulation or a declaration of a party of
noncooperation by the opposing party, the court will not consider the
discovery motion.

(4) Cooperation of Parties; Sanctions. The failure of any party either to cooperate in
this procedure, to attend the meeting of parties, or to provide the moving party the
information necessary to prepare the stipulation required by this rule within
7 days of the meeting of parties will result in the imposition of sanctions,
including the sanctions authorized by FRBP 7037 and LBR 9011-3.

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LBR 7026-2

(5) Contempt. LBR 9020-1 governing contempt proceedings applies to a discovery motion to compel a non-party to comply with a deposition subpoena for testimony and/or documents under FRBP 7030 and 7034.

LBR 7026-2. DISCOVERY DOCUMENTS – RETENTION, FILING, AND COPIES

(a) Retention by Propounding Party. The following discovery documents and proof of service thereof must not be filed with the clerk until there is a proceeding in which the document or proof of service is in issue:

(1) Transcripts of depositions upon oral examination;
(2) Transcripts of depositions upon written questions;
(3) Interrogatories;
(4) Answers or objections to interrogatories;
(5) Requests for the production of documents or to inspect tangible things;
(6) Responses or objections to requests for the production of documents or to inspect
tangible things;
(7) Requests for admission;
(8) Responses or objections to requests for admission;
(9) Notices of Deposition, unless filing is required in order to obtain issuance of a
subpoena in another district; and
(10) Subpoena or Subpoena Duces Tecum.

(b) Period of Retention for Discovery Documents. Discovery documents must be held by the attorney for the propounding party pending use pursuant to this rule for the period specified in LBR 9070-1(b) for the retention of exhibits, unless otherwise ordered by the court.

(c) Filing of Discovery Documents.

(1) When required in a proceeding, only that part of the document that is in issue
must be filed with the court.

(2) When filed, discovery documents must be submitted with a notice of filing that
identifies the date, time, and place of the hearing or trial in which it is to be
offered.

(3) Original deposition transcripts are treated as trial exhibits and must be delivered
to the judge for use at the hearing or trial. The original deposition transcript and a
copy must be lodged with the clerk pursuant to LBR 7030-1(b).

(d) Copies of Discovery Documents.

(1) Unless an applicable protective order otherwise provides, any entity may obtain a copy of any discovery document described in subsection (a) of this rule by making a written request therefor to the clerk and paying duplication costs.

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LBR 7030-1

(2) The clerk will give notice of the request to all parties in the case or proceeding, and the party holding the original of the requested discovery document must lodge the original or an authenticated copy with the clerk within 14 days after service of the clerk’s notice.

(3) Promptly after duplication, the clerk will return the original to the party who provided it.

LBR 7026-3. INTERROGATORIES AND REQUESTS FOR ADMISSION

(a) Form.

(1) Interrogatories and requests for admission must comply with the form
requirements of LBR 9004-1.

(2) Interrogatories and requests for admissions must be numbered sequentially
without repeating the numbers used on any prior set of interrogatories or requests
for admission propounded by that party.

(b) Number of Interrogatories Permitted. A party must not, without leave of the court and for good cause shown, serve more than 25 interrogatories on any other party. Each subdivision of an interrogatory is considered a separate interrogatory. A motion for leave to serve additional interrogatories may be made pursuant to LBR 9013-1(d) or (o).

(c) Answers and Objections. The party answering or objecting to interrogatories or requests for admission must quote each interrogatory or request in full immediately preceding the statement of any answer or objection thereto.

(d) Retention by Propounding Party. The original of the interrogatories or requests for admission must be held by the attorney propounding the interrogatories or requests pursuant to LBR 7026-2 pending use or further order of the court.

LBR 7030-1. DEPOSITIONS

(a) Custody of Original Transcript.

(1) The original transcript of a deposition must be sent to the attorney noticing the
deposition after signing and correction or waiver of the same unless otherwise
stipulated to on the record at the deposition.

(2) It is the duty of the attorney noticing the deposition to obtain from the reporter the
original transcript thereof in a sealed envelope and to safely retain the same under
conditions suitable to protect it from tampering, loss, or destruction.

(3) Upon request of any party intending to offer deposition evidence at a contested
hearing or trial, a copy of the transcript must be sent to that party for marking in
compliance with subsection (b) of this rule.

97

LBR 7041-1

(b) Use of Deposition Evidence in Contested Hearing or Trial. Unless otherwise ordered by the court, each party intending to offer any evidence by way of deposition testimony pursuant to F.R.Civ.P. 32 and F.R.Evid. 803 or 804 must:

(1) Lodge the original deposition transcript and a copy pursuant to this rule with the
clerk at least 7 days before the hearing or trial at which it is to be offered;

(2) Identify on the copy of the transcript the testimony the party intends to offer by
bracketing in the margins the questions and answers that the party intends to offer
at trial. The opposing party must likewise countermark any testimony that it plans
to offer. The parties must agree between themselves on a separate color to be
used by each party which must be used consistently by that party for all
depositions marked in the case;

(3) Mark objections to the proffered evidence of the other party in the margins of the
deposition by briefly stating the ground for the objection; and

(4) Serve and file notice of the portions of the deposition marked or countermarked
by stating the pages and lines so marked, objections made, and the grounds
indicated therefor. The notice must be served and filed within 7 days after the
party has marked, countermarked, or objects to the deposition evidence.

(c) Deposition Summary. In appropriate cases and when ordered by the court, the parties may jointly prepare a deposition summary to be used in lieu of question and answer reading of a deposition at trial.

LBR 7030-2. TRANSCRIPTS OF ADDITIONAL ORAL EXAMINATIONS

(a) FRBP 2004 Examination. All provisions of LBR 7030-1 for deposition transcripts apply to transcripts of testimony given at an examination conducted pursuant to FRBP 2004.

(b) Meeting of Creditors or Equity Security Holders. The provisions of LBR 7030- 1(b)-(c) for deposition transcripts apply to a transcript of testimony given at a meeting of creditors or equity security holders recorder in compliance with FRBP 2003.

LBR 7041-1. DISMISSAL OF ADVERSARY PROCEEDING

(a) Dismissal for Want of Prosecution. A proceeding that has been pending for an unreasonable period of time without any action having been taken therein may be dismissed for want of prosecution upon notice and opportunity to request a hearing pursuant to LBR 9013-1(o).

(b) Dismissal for Failure to Appear. If a party fails to appear at the noticed hearing of a motion, a status conference, a pretrial conference or trial of the proceeding, the court may make such orders in regard to the failure as are just, including dismissal of the matter for want of prosecution. Unless the court provides otherwise, any dismissal pursuant to this rule is without prejudice.

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LBR 7054-1

(c) Reinstatement – Sanctions. If any proceeding dismissed pursuant to this rule is reinstated, the court may impose such sanctions as it deems just and reasonable.

(d) Notice of Dismissal. The clerk will provide to all parties to the proceeding notice of entry of any order dismissing a proceeding under this rule.

LBR 7052-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW

(a) Preparation and Lodging. In all cases where written findings of fact and conclusions of law are required, the prevailing party must within 7 days of the date of the hearing at which oral findings and conclusions were rendered, file and also lodge electronically via LOU proposed findings of fact and conclusions of law, unless otherwise ordered by the court.

(b) Findings of Fact. The proposed findings of fact must:

(1) Be in separately numbered paragraphs;

(2) Be in chronological order; and

(3) Not simply incorporate by reference to allegations contained in the pleadings.

(c) Conclusions of Law. The proposed conclusions of law must follow the findings of fact, and:

(1) Must be in separately numbered paragraphs; and

(2) May include brief citations of appropriate authority.

LBR 7054-1. TAXATION OF COSTS AND AWARD OF ATTORNEYS’ FEES

(a) Who May Be Awarded Costs. When costs are allowed by the FRBP or other applicable law, the court may award costs to the prevailing party. No costs will be allowed unless a party qualifies as, or is determined by the court to be, the prevailing party under this rule. Counsel are advised to review 28 U.S.C. § 1927 regarding counsel’s liability for excessive costs.

(b) Prevailing Party. For purposes of this rule, the prevailing party is defined as follows:

(1) Recovery on Complaint. The plaintiff is the prevailing party when it recovers on
the entire complaint.

(2) Dismissal or Judgment in Favor of Defendant. The defendant is the prevailing
party when the proceeding is terminated by court-ordered dismissal or judgment
in favor of defendant on the entire complaint.

(3) Partial Recovery. Upon request of one or more of the parties, the court will

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determine the prevailing party when there is a partial recovery or a recovery by more than one party.

(4) Voluntary Dismissal. Upon request of one or more of the parties, the court will determine the prevailing party when the proceeding is voluntarily dismissed or otherwise voluntarily terminated.Offer of Judgment. If a party defending against a claim files under seal a written offer of judgment before trial and the judgment finally obtained by the offeree is not more favorable than the offer, the party offering the judgment is the prevailing party.

(c) Bill of Costs. The prevailing party who is awarded costs must file and serve a bill of costs not later than 14 days after entry of judgment. Each item claimed must be set forth separately in the bill of costs. The prevailing party, or the party’s attorney or agent having knowledge of the facts must file a declaration with the bill of costs certifying that:

(1) The items claimed as costs are correct;

(2) The costs were necessarily incurred in the case;

(3) The services for which fees have been charged were actually and necessarily performed; and

(4) The costs were paid or the obligation for payment was incurred.

(d) Items Taxable as Costs. A list of the items taxable as costs is contained in The Central Guide.

(e) Court Ruling.

(1) Objection to Bill of Costs. Not later than 7 days after service of a copy of a bill of
costs, a party dissatisfied with the costs claimed may file and serve an objection to
taxation of the costs sought. The grounds for objection must be stated
specifically.

(2) Hearing Not Required. The court may resolve the matter without a hearing,
pursuant to LBR 9013-1(p), or set the matter for hearing.

(f) Entry of Costs. If a timely objection to a bill of costs is not filed or, in the event of a timely objection, as soon as practicable after an order determining the objection becomes final, the clerk will insert the amount of costs awarded to the prevailing party into the blank left in the judgment for that purpose and enter a similar notation on the docket.

(g) Motion for Attorneys’ Fees.

(1) If not previously determined at trial or other hearing, a party seeking an award of
attorneys’ fees where such fees may be awarded must file and serve a motion not

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later than 14 days after the entry of judgment or other final order, unless otherwise ordered by the court.

(2) The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for attorneys’ fees under this rule.

(h) Execution. Upon written motion filed pursuant to LBR 9013-1(q), the clerk will issue a writ of execution to recover costs and attorneys’ fees included in the judgment:

(1) Upon presentation of a certified copy of the final judgment in the bankruptcy
court or in the district court; or

(2) Upon presentation of a mandate of the district court, bankruptcy appellate panel,
or court of appeals to recover costs taxed by the appellate court.

LBR 7055-1. DEFAULT

(a) Request for Entry of Default.

(1) Filing and Service. A request for the clerk to enter default must be supported by a
declaration establishing the elements required by F.R.Civ.P. 55(a), as
incorporated into FRBP 7055, and a proof of service on the defaulting party.

(2) No Hearing Required. Pursuant to LBR 9013-1(p), a hearing on the request is not
required.

(b) Motion for Default Judgment.

(1) Form of Motion. A motion for default judgment must state:

(A) The identity of the party against whom default was entered and the date of entry of default;

(B) Whether the defaulting party is an infant or incompetent person and, if so, whether that person is represented by a general guardian, committee, conservator, or other representative;

(C) Whether the individual defendant in default is currently on active duty in the armed forces of the United States, based upon an appropriate declaration in compliance with the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901- 4043).

(D) When the individual defendant is the debtor, the party seeking the default may rely upon the debtor’s sworn statements contained in a statement of financial affairs, by following the appropriate procedure for requesting judicial notice of that document pursuant to F.R.Evid. 201; and

(E) That notice of the motion has been served on the defaulting party, if required by F.R.Civ.P. 55(b)(2). 101

LBR 7056-1

(2) Evidence of Amount of Damages. Unless otherwise ordered, if the amount
claimed in a motion for judgment by default is unliquidated, the movant must
submit evidence of the amount of damages by declarations in lieu of live
testimony. Notice must be given to the defaulting party of the amount
requested.Any opposition to the amount of damages by the party against whom
the judgment is sought must be in writing and supported by competent evidence.

(3) Other Relief. Other proceedings necessary or appropriate to the entry of a
judgment by default may be taken as provided in F.R.Civ.P. 55(b)(2).

(4) Attorneys’ Fees.

(A) When a promissory note, contract, or applicable statute provides a basis for
the recovery of attorneys’ fees, a reasonable attorneys’ fee may be allowed
in a default judgment. Subject to subsection (b)(4)(B), the reasonableness of
the attorneys’ fee will be calculated based upon the amount of the judgment,
exclusive of costs, according to the following schedule:

Amount of Judgment Attorneys’ Fees Award
$0.01 - $1,000 30% with a minimum of $250
$1,000.01 - $10,000 $300 plus 10% of the amount over $1,000
$10,000.01- $50,000 $1,200 plus 6% of the amount over $10,000
$50,000.01- $100,000 $3,600 plus 4% of the amount over $50,000
Over $100,000 $5,600 plus 2% of the amount over $100,000

(B) An attorney seeking fees in excess of the schedule may request in the
motion for default judgment to have a reasonable attorneys’ fee fixed by the
court. The court will hear the request and render judgment for such fee as
the court may deem reasonable.

LBR 7056-1. SUMMARY JUDGMENT

(a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for summary judgment, except as provided by this rule.

(b) Motion and Supporting Documents.

(1) Motion. A notice of motion and motion for summary judgment or partial summary adjudication pursuant to FRBP 7056 must be served and filed not later than 42 days before the date of the hearing on the motion.

(2) Statement of Uncontroverted Facts and Conclusions of Law and Proposed Summary Judgment.

(A) The movant must serve, file, and lodge with the motion for summary judgment or partial summary adjudication a proposed statement of uncontroverted facts and conclusions of law and a separate proposed summary judgment. 102

LBR 7056-1

(B) Unless otherwise ordered by the court, the proposed statement of uncontroverted facts and conclusions of law must be filed and also lodged electronically via LOU. The statement must identify each of the specific material facts relied upon in support of the motion and cite the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other document relied upon to establish each such fact.

(3) Evidence. The movant is responsible for filing with the court all evidentiary documents cited in the motion in accordance with LBR 9013-1(i).

(c) Response and Supporting Documents.

(1) Response. Any party who opposes the motion must serve and file a response not later than 21 days before the date of the hearing on the motion.

(2) Statement of Genuine Issues.

(A) The respondent must serve, file, and lodge a separate concise statement of genuine issues with the response.

(B) Unless otherwise ordered by the court, the respondent’s statement of genuine issues must be lodged electronically via LOU. The respondent’s statement must identify each material fact that is disputed and cite the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other document relied upon to establish the dispute and the existence of a genuine issue precluding summary judgment or adjudication.

(3) Evidence. The respondent is responsible for filing with the court all necessary evidentiary documents cited in the response in accordance with LBR 9013-1(i).

(4) Need for Discovery. If a need for discovery is asserted as a basis for denial of the motion, the respondent must identify the specific facts or issues on which discovery is necessary and justify the request for additional time to pursue such discovery.

(d) Reply. Movant must serve and file any reply not later than 14 days before the hearing on the motion.

(e) Stipulated Facts. The parties may file a stipulation setting forth a statement of stipulated undisputed facts. The parties so stipulating may state that their stipulations are entered into solely for purposes of the motion for summary judgment and are not intended to be binding otherwise.

(f) Facts Deemed Admitted. In determining any motion for summary judgment or partial summary adjudication, the court may assume that the material facts as claimed and adequately supported by the movant are admitted to exist without controversy,

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except to the extent that such facts are:

(1) Included in the “statement of genuine issues,” and

(2) Adequately controverted by declaration or other evidence filed in opposition to the motion.

(g) Non-Opposition to Summary Judgment is Not Consent. Pursuant to F.R.Civ.P. 56 and FRBP 7056, mere failure to file an opposition to a motion for summary judgment shall not be deemed consent to the granting or denial of the motion for summary judgment.

LBR 7064-1. SEIZURE OF PERSONS AND PROPERTY

(a) Issuance of Writ. A writ or other process issued for the seizure of persons or property pursuant to F.R.Civ.P. 64, 69, or 70 must be issued, attested, signed, and sealed as required for writs issued out of this court.

(b) Writ or Other Process of Seizure. A writ or other process for seizure in a civil action must be directed to, executed, and returned by the United States Marshal, a state or local law enforcement officer authorized by state law, or a private person specially appointed by the court for that purpose pursuant to an application and order.

(c) Process Requiring Entry Upon Premises.

(1) An order of court requiring entry upon private premises without notice must be
executed by the United States Marshal, a state or local law enforcement officer
authorized by state law, or a private person specially appointed by the court for
that purpose pursuant to an order obtained upon application filed pursuant to LBR
9013-1(q). The application must be supported by evidence supporting all facts
asserted in the application.

(2) If a writ or other process is to be executed by a private person, the private person
must be accompanied by a United States Marshal or a state or local law
enforcement officer present at the premises during the execution of the order.

(d) Eviction. Any eviction to be made pursuant to a writ of, or order for, possession issued by the court must be effected by the United States Marshals Service, unless otherwise ordered by the court.

(e) Form of Writ or Order. Any writ of, or order for, possession to be effected by the United States Marshals Service must include the following language:

“Upon execution and entry of this Writ or Order, the United States Marshals Service [and any other executing officer authorized by the court] (collectively, the “U.S. Marshal”) is immediately directed to assist [the party enforcing the writ or order] to enforce the underlying order awarding possession.

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LBR 7067-1

[The party enforcing the writ or order] and/or [his/her/its] authorized agent(s) will act as substitute custodian of any and all items of personal property seized pursuant to this Writ or Order and the U.S. Marshal shall have no liability arising from any acts, incidents, or occurrences in connection with the seizure of the personal property located at the subject real property arising in the ordinary authorized scope of duties of the U.S. Marshal (which acts do not include acts arising from negligent or intentional tortious conduct), including any third party claims and the U.S. Marshal shall be discharged of his or her duties and responsibilities for safekeeping of the seized goods.

The U.S. Marshal accomplishing such eviction or seizure shall use whatever reasonable force necessary to break open and enter the subject real property regardless of whether the premises or location is locked or unlocked, occupied or unoccupied and to inspect the contents of any room, closet, cabinet, vehicle, container, desk or documents.

Anyone interfering with the execution of this Writ or Order is subject to arrest by law enforcement officials.”

LBR 7065-1. INJUNCTIONS

(a) Adversary Proceeding Required. A temporary restraining order or preliminary injunction may be sought as a provisional remedy only in a pending adversary proceeding, not in the bankruptcy case itself. An adversary complaint must be filed either prior to, or contemporaneously with, a request for issuance of a temporary restraining order (TRO) or preliminary injunction.

(b) Temporary Restraining Orders and Preliminary Injunctions.

(1) A TRO may be issued with or without notice in accordance with FRBP 7065.

(2) A preliminary injunction must be sought by motion in accordance with FRBP 7065.

(c) Approval of Bonds, Undertakings, and Stipulations Regarding Security. A bond, undertaking, or stipulation regarding security given in conjunction with the issuance of a TRO or preliminary injunction must satisfy the requirements of FRBP 7065(c) and LBR 2010-1.

LBR 7067-1. REGISTRY FUND

(a) Deposit of Registry Funds.

(1) General. Funds must not be sent to the court or the clerk for deposit into the
court’s registry without a court order.

(2) Form of Order. A party seeking authorization to deposit funds into the court’s

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registry must prepare and lodge with the court a proposed order using mandatory court form F 7067-1.1.ORDER.REGISTRY.FUND.

(b) Notice to Clerk.

(1) Whenever the court orders that money deposited with the court must be deposited by the clerk in an interest-bearing account, the party making the deposit or transferring funds to the court’s registry must personally serve a copy of the entered order upon the clerk or chief deputy clerk along with the deposit.

(2) The failure of the party making the deposit or transferring funds to comply with section (b)(1) above releases the clerk from liability for loss of interest upon the money subject to the order of deposit.

(c) Timing of Deposit. The clerk must deposit the money pursuant to an order of deposit as soon as practicable following service of a copy of the order by the party making the deposit or transferring funds.

(d) Fees Charged on Registry Funds. All funds deposited and invested as registry funds will be assessed fees in accordance with section III of amended General Order 13-01, available at www.cacb.uscourts.gov.

(e) Disbursements of Registry Funds.

(1) General. The clerk will disburse funds on deposit in the registry of the court only
pursuant to a court order.

(2) Form of Order. The disbursement order must be prepared and lodged with the
court using mandatory court form F 7067-1.1.ORDER.REGISTRY.FUND.
Funds will be disbursed only after the time for appeal of any related judgment or
order has expired, or upon approval by the court of a written stipulation by all
parties.

LBR 7069-1. ENFORCEMENT OF JUDGMENT AND PROVISIONAL REMEDIES

(a) Use of United States Marshal is Discouraged. The court encourages the use of state remedies and officers wherever appropriate to enforce judgments or obtain available remedies. The United States Marshals Service is available to enforce federal judgments as necessary, which may require an application filed under LBR 9013-1(q) that demonstrates cause for using the United States Marshals Service.

(b) Forms.

(1) Unless the court has adopted its own form, the applicable form approved by the Judicial Council of California for use in California courts must be used in this court whenever a provisional remedy is sought or a judgment is enforced in accordance with state law as provided in FRBP 7064 and 7069. (2) The caption must be revised to specify “United States Bankruptcy Court for the

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LBR 7069-2

Central District of California,” rather than the California courts, and the form

must be modified, as necessary, to meet the requirements of LBR 9004-1 and LBR 9009-1.

LBR 7069-2. DISCOVERY IN AID OF ENFORCEMENT OF JUDGMENT

(a) Discovery Permitted. With respect to a judgment of the bankruptcy court and as allowed by FRBP 7069, except to the extent that a federal statute applies, a judgment creditor may obtain discovery from any person to aid in enforcing a judgment in the manner provided by F.R.Civ.P. 26-37 or in the manner provided by state law.

(b) Rule 2004 Examination Not Permitted. A judgment creditor may not use FRBP 2004 to collect information to use to enforce a judgment.

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