VI.  TRIALS

40.1      Scheduling - Cases shall be set for trial in the manner and at the time designated by the judge before whom the cause is pending. Any case may be assigned from one judge to another with the consent of both judges to promote the efficient administration of justice.

40.3      Notice of settlement - Whenever a case is settled or otherwise disposed out of court, counsel for all parties shall assure that immediate notice is given to the court. This shall be accomplished by both calling the court and e-filing a notice of settlement, unless otherwise specified in the judge’s judicial guidelines posted on the court’s website. Should a failure to provide immediate notice result in having jurors unnecessarily report for service in connection with the case, the court may, on its own motion, for good cause shown, assess costs incurred in having jurors report for service equally between the parties or against one or more of the parties responsible for failure to notify the court.

41.1      A judicial officer may issue an order to show cause why a case should not be dismissed for lack of prosecution or for failure to comply with these rules, the Federal Rules of Civil Procedure, or any court order. If good cause is not shown within the time set in the show cause order, the presiding judge may enter an order of dismissal with or without prejudice, with or without costs. Failure of a plaintiff to keep the court apprised of a current address shall be grounds for dismissal for want of prosecution.

45.1      Unless otherwise ordered, all subpoenas to be served by the United States Marshals Service shall allow a minimum of fourteen (14) days prior to the required appearance. LCivR 4.1 governs payment of fees to the marshal.

47.1      Confidentiality of juror information

1. All information obtained from juror questionnaires is confidential and may be used only for jury selection and in accordance with this rule.
2. All copies of juror questionnaires must be destroyed or returned to the court upon completion of jury selection, or at any earlier time determined by the court.
3. For represented parties, counsel of record is responsible for maintaining the confidentiality and security of juror questionnaires, and must apply security practices no less stringent than those applicable to confidential client information. Unrepresented parties may use juror questionnaires only under supervision of the court, and may not reproduce the juror questionnaires in any form, or distribute them to anyone.
4. Juror questionnaires will be electronically filed under restricted access three (3) business days before trial. Electronic access will be available to the court and counsel of record only. The court will provide unrepresented parties with one paper copy of the juror questionnaires at the beginning of jury selection. Juror questionnaires will not be available via mail or facsimile transmission.
5. Documents containing the name or signature of a juror shall be filed under restricted access. Electronic access will be available to the court and counsel of record only. Such restricted access documents may include but are not limited to a jury verdict or juror notes and attachments thereto. A duplicate jury verdict or juror notes, with the name and signature of the juror redacted, will be electronically filed and available to the public.

Local Civil Rule 54.  Costs and Attorney's Fees

54.2      Attorney’s fees in certain Social Security cases

1. Scope of rule - The procedures set forth in this rule apply to motions for attorney’s fees brought under 42 U.S.C. § 406(b)(1)(A) (Social Security disability claims) or 42 U.S.C. § 1383(d)(2)(A) (supplemental security income claims), which allow an attorney to obtain fees from the client’s award of past-due benefits for work performed in the district court. It is necessary to prescribe a special procedure for such cases, because the amount of past-due benefits is unknown at the time judgment for the claimant is entered in the district court. This rule does not apply to motions for fees under the Equal Access to Justice Act (EAJA), which are governed by the procedures set forth in that Act. 28 U.S.C. § 2412(d).
2. Procedure
   
   1. Deadline for filing motion - The attorney must file a motion for approval of fees under 42 U.S.C. §§ 406(b)(1)(A) or 1383(d)(2)(A) no later than thirty-five (35) days after the date shown on the face of the notice of award issued by the Social Security Administration.
   2. Requirements for motion - The motion must be accompanied by a supporting brief and all necessary documentation. The motion must state the following:
      
      1. the past due benefits;
      2. the total dollar amount withheld by the Commissioner out of the past due benefits to cover a potential award of attorneys fees in this court;
      3. the dollar amount (if any) of fees the attorney was awarded, has sought, or intends to seek pursuant to 42 U.S.C. § 406(a) for services performed at the administrative level of review;
      4. whether the attorney has knowledge of any other representative(s) who were awarded, sought, or will seek authorization for fees under 42 U.S.C. § 406(a);
      5. the dollar amount of fees sought pursuant to 42 U.S.C. § 406(b);
      6. the dollar amount of court costs, fees, and/or expenses sought or already awarded under the Equal Access to Justice Act (28 U.S.C. § 2412);
      7. an itemization of the services provided in judicial proceedings, specifying the hours worked, the work performed, and the attorney’s hourly billing rate;
      8. an argument establishing that the fees sought are authorized under any applicable fee agreement, are reasonable; and
      9. in addition to complying with the requirements of LCivR 7.1, an affirmative statement that the attorney has discussed the matter of fees with the plaintiff and the plaintiff either has no objection to the amount of fees sought in the motion, or that the plaintiff and the attorney disagree as to the reasonableness of the fees sought.
   3. The fee motion must be accompanied by:
      
      1. legible copies of all of the notices of award showing the amount of past due benefits and the amount(s) withheld by the Commissioner under 42 U.S.C. §§ 406, 1383;
      2. a copy of any fee agreement entered into between the plaintiff and the attorney; and
      3. a certificate of service that the attorney’s fee motion and attachments have been served on the U.S. attorney and on the plaintiff.
   4. Response - Any response by the client or defendant must be filed within twenty-one (21) days after the motion for attorney’s fees is served. Reply briefs are not permitted absent leave of court.

Local Civil Rule 65.  Bonds and sureties

Local Civil Rule 67.  Deposit in court; payment of judgment

67.2      Payment of judgment - Except with respect to litigation in which the United States is a party, the clerk will not, unless authorized by order of the court, accept payment of judgments. Upon receipt of payment of a judgment, however, the party shall file with the clerk an acknowledgment of payment.

Local Civil Rule 72.  Authority of magistrate judges

72.2      Assignment of matters to magistrate judges - Unless otherwise ordered by the district judge to whom a case is assigned, the magistrate judge assigned to any case may hear and determine any nondispositive pretrial matters in that case without any further order of reference.

1. General cases - The method for assignment and reassignment of duties to a magistrate judge and for the allocation of duties among the several magistrate judges of the court shall be made in accordance with orders of the court or by special designation of the Chief Judge.
2. Habeas corpus and prisoner civil rights cases - At the time of filing any habeas corpus or prisoner civil rights case, the clerk shall assign the case to a district judge and to a magistrate judge in accordance with procedures established by these rules and the implementing orders of the court. The assigned magistrate judge may enter such orders and conduct such proceedings in that case as are authorized by statute or rule, without any further order of reference. An order disposing of the case may only be entered by a district judge.

Local Civil Rule 73.  Consent jurisdiction of magistrate judges

73.2      Assignment of cases to magistrate judges - In an effort to increase the number of consent cases, which serves the interests of promoting judicial economy, the court may issue an administrative order adopting procedures for assignment of some civil actions to magistrate judges.

73.4      Execution of consent - The clerk shall not accept a consent form unless it has been signed by all the parties in a case. No consent form will be made available, nor will its contents be made known, to any judge, unless all parties have consented to the reference to a magistrate judge. No magistrate judge or other court official may attempt to persuade or induce any party to consent to the reference of any matter to a magistrate judge. This rule, however, shall not preclude a district judge or magistrate judge from informing the parties that they have the option of consenting to a magistrate judge.

X.  DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING ORDERS

77.1      Time and place of holding court - The court shall be deemed to be in continuous session for transacting judicial business throughout the year. Proceedings may be held at such times and places within the district as the judge to whom the case is assigned shall designate.

77.3      Issuance of process - Any party requesting the issuance of any process or who initiates any proceeding in which the issuance of process is required by statute, rule or order, shall prepare all required forms, including the following: (a) summons; (b) warrants of seizure and monition; (c) subpoenas to witnesses; (d) certificates of judgment; (e) writs of execution; (f) orders of sale; and (g) all process in garnishment or other aid in execution. The party where necessary shall present the process to the clerk for signature and sealing. The clerk shall make official forms of process available to attorneys admitted to practice in this court, or their agents or employees.

Local Civil Rule 83.  Miscellaneous