USDC – Central District – AMENDED RULES

Amended Local Rules Effective June 1, 2013

The Local Civil and Criminal Rules listed below have been amended, effective June 1, 2013. The amended rules are available on the Court’s website or click here and accompany the electronic version of this notice.

Amended Local Civil Rules:

• 4-4 [Summons - Service of Process - Habeas Corpus Proceedings]

• 5-3 [Serving Documents]

• 5-4 [Filing Documents]

• 7-3 [Conference of Counsel Prior to Filing of Motions]

• 54-2 [Application to Tax Costs Pursuant to F.R.Civ.P. 54(d); Bill of Costs]

• 54-11 [Filing Date for Motions to Award Costs Not Governed by F.R.Civ.P. 54(d)]

• 83-2 [Attorneys; People Without Attorneys]

• 83-4 [Student Practice]

Amended Local Criminal Rules:

• 46-1.2 [Bail Previously Fixed by District Judge]

All proceedings in cases commenced on or after June 1, 2013, and, insofar as just and practicable, all proceedings then pending will be governed by these amended rules.

 

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RIVERSIDE SUPERIOR COURT RULE UPDATE

The judges of the Riverside County Superior Court have voted to make changes to the court’s local rules and forms as listed below. The court’s complete set of updated local rules will be available prior to July 1, 2013, on the court’s website at http://riverside.courts.ca.gov/ by clicking on local rules under the general information tab. Pursuant to California Rules of Court, Rule 10.613(g)(1), all proposed rule and form changes were circulated for a 45-day comment period and any comments received were considered in the adoption process.

Title 3 – Civil

Division 1 – Civil Case Management

Rule 3115 – Where to File Documents (Amended) Rule 3116 – Response to Orders to Show Cause (New)

Division 2 – Alternative Dispute Resolution Rule 3290 – Mandatory Settlement Conference Statements (New)

Division 4 – Trial Rules and Procedures

Rule 3401 – Pre-Trial Rule for Trials Called in Master Calendar Departments (New)

Title 4- Criminal

Rule 4001 – Where to File Documents (Amended)

Title 5 – Family and Juvenile Rules

Division 1 – Family Rules

Rule 5101 – Where to File Documents (Amended)

Division 2 – Juvenile Rules

Rule 5225 – Where to File Documents (Amended)

Title 7 – Probate

Division 1 – General Provisions

Rule 7001 – Venue (Amended)

Division 3 – Guardianships

Rule 7311 – Confidential Guardianship Status Report (New)

Local Form – Confidential Cohabitant Screening Attachment (Amended)

Title 8 – Appeals

Rule 8005 – Where to File Documents (Amended)

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LASC CONSOLIDATION PLAN – ORGANIZATIONAL CHART

As a result of the court’s recent consolidation plan, they have provided information necessary to maintain a proper work flow with the court.  Of course, as always, anything can change at the drop of a hat!

Chart

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Legal aid groups sue LA courts, claim cutting programs at courthouses violates client’s rights

A coalition of legal aid groups is suing the Los Angeles County Superior Court and the state for allegedly denying minority and disabled residents access to justice to by shutting down courthouses.

READ MORE

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USDC – Easter Dist – NEW/AMENDED LOCAL RULES

New Local Rules Effective February 19, 2013, have been posted
to the Eastern District of California Local Rules Page at:

http://www.caed.uscourts.gov/caednew/index.cfm/rules/local-rules/

The amended Local Rules Effective February 19, 2013, contain
the recent amendments to Local Rules 230, 403, 460, and 461 as
adopted by General Order No. 533.

http://www.caed.uscourts.gov/caednew/assets/File/GO%20533.pdf

These are the only changes to the Local Rules.

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United States District Court – Northern District of California

United States District Court ? Northern District of California

To All Attorneys and E-Filers:

A new process for ordering transcripts will go into effect Monday, March 18.

The key features of the new process are:

1. New fillable forms (available for preview/download now).  All previous versions should be discarded.

2. E-filing of all transcript orders will be mandatory, EXCEPT under-seal cases/proceedings and CJA cases. Pro se parties who do not have ECF accounts are also exempt.

3. Emailed transcript orders will no longer be accepted by court reporters beginning March 18.

More information is available on the Court’s Transcripts/Court Reporters web page: http://cand.uscourts.gov/transcripts.

The two new e-filing events for ordering transcripts will be:

Transcript Order
Transcript Order ? Daily Trial

E-filing instructions for both new events are available here: http://cand.uscourts.gov/ECF/OrderTranscript.

The new events will be added to CM/ECF after the close of business on March 15 and the existing forms and transcript ordering instructions will be removed from the site before the Court opens on March 18.

If you find that you need assistance with these new processes, please contact the court reporter supervisor for the division where your case is pending.

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Los Angeles Superior Court Consolidation Plan

In an effort to “find” $85 million in permanent budget solutions:

The Court will, over the next few months, and with notice to affected parties, consolidate in the following ways:

• The Court will close 8 courthouses completely (Beacon Street, Huntington Park, Kenyon Juvenile, Malibu, Pomona North, San Pedro, West Los Angeles; Whittier) and remove most court work from 2 locations (Beverly Hills, Catalina);

• Criminal and traffic workload presently located in the 8 courthouses to be closed will be moved to nearby courthouses;

• Juvenile cases now heard at Kenyon Juvenile Justice Center will be moved to other courthouses;

• Small claims cases heard only at courthouses in: Alhambra, Downey, Inglewood, Lancaster, Van Nuys and downtown Los Angeles (Mosk);

• Unlawful detainer (landlord-tenant) cases heard only in: Lancaster, Long Beach, Pasadena, Santa Monica and downtown Los Angeles (Mosk);

• Limited civil collections-related cases heard only in: Chatsworth and Norwalk;

• Other limited civil cases heard only in downtown Los Angeles (Mosk);

• Personal injury-related cases heard only in downtown Los Angeles (Mosk);

• Probate cases will be heard in Lancaster and downtown Los Angeles (Mosk), except for exceptional cases;

• Many general civil cases going to trial may be moved to dedicated trial courts located around the county;

In addition, the Court plans to eliminate its alternative dispute resolution center, further reduce the use of court-employed court reporters, and lay off all juvenile Referees.

All of these consolidations are necessitated by a planned reduction in the Court’s workforce by 511 positions bringing the total workforce reduction over the last four years to over 24 percent. “Justice requires a court. But what we once counted on – that courts would be open, available and ready to dispense prompt justice – no longer exists in California,” said Chief Justice Tani Cantil-Sakauye in her annual State of the Judiciary speech. Plans such as those outlined above are being implemented across the state of California. San Bernardino is closing courthouses that will require litigants to travel more than 130 miles to the nearest courthouse; Fresno Superior Court has closed all courthouses outside the city of Fresno.

“The day of reckoning has arrived for the Los Angeles County justice system,” said Wesley. “This is our last-ditch effort to save access to justice in Los Angeles County. The impacts of years of draconian cuts in state court funding can no longer be delayed. We are now forced to bring our court operations into line with the resources provided by the Governor and legislature. The result will be reduced services, long lines and travel distances that may well deter people from seeking and getting the justice they deserve. It is a sad irony that, as our economy is turning the corner, our justice system is going downhill.”

Read the New Release in its entirety here.

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New FMLA Rules Taking Effect – Updated Poster Required Now

Courtesy of Miller Law Group

The U.S. Department of Labor recently issued new regulations under the Family and Medical Leave Act (“FMLA”), which applies to employers with 50 or more employees.  The regulations take effect on March 8, 2013.  Here is an overview of what has changed.

Updated FMLA Poster The regulations have revised the mandatory FMLA poster, “Employee Rights and Responsibilities Under the Family and Medical Leave Act.”  Employers covered by the FMLA must post the revised notice in the workplace by March 8, 2013.  Click here to download the new poster.

Military Family Leave Changes The regulations make a number of changes to the military family leave provisions of the FMLA, as follows:

  • New parental care leave. The regulations add parental care to the list of reasons for which an employee may take “qualifying exigency” leave.  An employee who is the spouse, parent, son, or daughter of a military member may now take exigency leave for purposes of:  1) arranging for care of the military member’s parent; 2) providing care for the military member’s parent on an urgent, immediate need basis; 3) admitting or transferring the military member’s parent to a care facility; or 4) attending meetings with staff at a care facility for the military member’s parent.  In all cases, the parent must be incapable of self-care and the parental care must be necessitated by the military member’s active duty or call to active duty.
  • Exigency leave for rest and recuperation expanded. An employee may take a maximum of 15 days – increased from the current limit of five days – of qualifying exigency leave to spend time with a military member who is on rest and recuperation leave.
  • Exigency leave for child care and school activities. The final regulations place new limits on qualifying exigency leave to arrange for child care or attend school activities for a military member’s child. The child must be the military member’s “biological, adopted, or foster child, stepchild, legal ward, or child for whom the military member stands in loco parentis, who is either under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability.”  The child, however, does not have to also be the employee’s child (although the military member must be the spouse, son, daughter or parent of the employee).

The new regulations also make these other changes to FMLA’s military leave provisions: 1) qualifying exigency leave is now available to family members of regular Armed Services members, rather than just the National Guard and Reserves, and military members in any branch must either serve or be called to serve in a foreign country or international waters; 2) veterans are now included in the definition of “covered servicemember” for purposes of military caregiver leave; 3) a servicemember’s “serious injury or illness” now includes a preexisting condition that was aggravated in the line of duty; and 4) the list of health care providers authorized to certify a serious injury or illness for purposes of military caregiver leave now includes any health care provider authorized under FMLA, not just those who are affiliated with DOD, VA, or TRICARE – however, second and third opinions now may be required by an employer for certifications that are completed by health care providers who are unaffiliated with DOD, VA, or TRICARE.

The Department of Labor has updated the military family leave certification forms to conform to the new rules.  Click here to download the new forms.

Rules for Airline Flight Crews On December 21, 2009, the Airline Flight Crew Technical Corrections Act (AFCTCA) took effect, providing an alternative FMLA eligibility requirement for flight crews with respect to hours of service. The new regulations align FMLA rules with the AFCTCA requirements.  Now, airline flight crew employees become eligible under the FMLA if the crew member meets the normal FMLA hours of service requirement (1,250 hours in the 12 months prior to the leave) or if the crew member has worked or been paid for at least 60 percent of the crew member’s applicable monthly guarantee and has worked or been paid for at least 504 hours. The regulations specify that it is the employer’s burden to demonstrate that a flight crew member is ineligible for FMLA leave.  Consistent with the AFCTCA, the new rules also make changes to how leave time is calculated for flight crew members and include new FMLA recordkeeping requirements for airlines.

Intermittent FMLA Leave The new regulations clarify that employers must track intermittent FMLA leave using the smallest increment of time that the employer uses for other types of leave, but in no case may the increments be greater than one hour.  Furthermore, an employer may only count time actually taken as FMLA leave against an employee’s FMLA entitlement.  Accordingly, the regulations state that if an employer “chooses to waive its increment of leave policy in order to return an employee to work — for example, where an employee arrives a half hour late to work due to an FMLA-qualifying condition and the employer waives its normal one-hour increment of leave and puts the employee to work immediately — only the amount of leave actually taken by the employee may be counted against the FMLA entitlement.”

Employers should immediately review their policies and procedures to ensure that they are in compliance with the new regulations.  Click here to download the regulations.

Miller Law Group exclusively represents business in all aspects of California employment law, specializing in litigation, wage and hour class actions, ERISA litigation, trials, appellate law, compliance, advice and counseling.  If you have questions about your workplace obligations, please contact us at (415) 464-4300.

This Alert is published by Miller Law Group to review recent developments in employment law.  This material is designed to provide informative and current information as of the date of the Alert, and should not be considered legal advice.

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Superior Court to Eliminate Over 500 Positions in ‘Consolidation’

Superior Court to Eliminate Over 500 Positions in ‘Consolidation’

Court Announces New Rules for Civil Filings to Take Effect March 18, Says Plan Will Save $56 Million

By KENNETH OFGANG, Staff Writer for Metropolitan News-Enterprise

The Los Angeles Superior Court will be forced to eliminate 511 positions in order to implement the budget-cutting “Consolidation Plan” it announced in November, Presiding Judge David Wesley said Friday.

Wesley, who was not available for comment on the plan, said in an email to judicial officers and staff that the plan, which involves closing courthouses and shifting some types of cases from one facility to another, will save the court $56 million.

“Those savings come at a very high price,” Wesley wrote. “There will be fewer courthouses in the system and court users will have to travel further and wait longer to have their matters resolved.”

‘Until the Very Last Moment’

While the court is going to have to cut 511 positions, the number of employees who will actually lose their jobs is smaller, he explained, due to “existing vacancies, cuts made to non-staff spending, and other mitigation.” He promised that the court will work “[u]ntil the very last moment” to reduce the number of layoffs, but said the massive cuts in funding by the Legislature have tied the court’s hands.

The court Friday also released the details of its previously announced plans to shift large numbers of civil cases to “hub” courthouses. All limited jurisdiction, personal injury, small claims, and unlawful detainer cases will be subject to new filing rules effective two weeks from today, as follows:

•Small claims cases will be filed at six hubs—Alhambra, the Stanley Mosk Courthouse downtown, the Michael D. Antonovich Courthouse in Lancaster, Downey, Inglewood, and the Van Nuys East Courthouse.

Cases now filed in Glendale, Pasadena, East Los Angeles, El Monte, West Covina and Pomona must be filed in Alhambra; those now filed in Bellflower, Compton, Huntington Park, Long Beach, Norwalk, San Pedro and Whittier will go to Downey; cases now filed in Beverly Hills, Malibu, Santa Monica, Torrance and West Los Angeles, and those now filed in Chatsworth, Santa Clarita, and San Fernando, will got to Van Nuys East.

The Mosk and Antonovich courthouses will serve the same areas they do now.

•All unlimited jurisdiction personal injury cases will be filed at Mosk. Personal injury will be defined to include motor vehicle, product liability, medical malpractice, premises liability, intentionally causing bodily injury, or “Other Personal Injury/Property Damage/Wrongful Death” cases.

“Actions for intentional infliction of emotional distress, defamation, civil rights/discrimination and malpractice other than medical malpractice are not included in this definition,” the court said, nor are actions for injury to real property.

•Filing locations for limited jurisdiction cases will be determined by whether the cases are classified as “collections” or “non-collections.”

Collections cases, generally defined by Rule 3.740 of the California Rules of Court as actions “arising from a transaction in which property, services, or money was acquired on credit,” will be divided between Chatsworth and Norwalk. Non-collections cases will be filed at Mosk.

•All unlawful detainer cases will be filed at five hubs: Pasadena, Long Beach, the Antonovich and Mosk courthouses, and Santa Monica.

ZIP-Coded Charts

Further information, including ZIP-coded charts directing which hub to file a small claims, unlawful detainer, or limited jurisdiction collections case at, may be obtained from the court’s website, lasuperiorcourt.org. The charts will also be posted at the various courthouses, the court said.

Parties and attorneys with pending cases will be notified within the next eight weeks if those cases are to be shifted, the court said.

In an unexpected development, cases now filed at the Catalina Courthouse will continue to be filed there, according to the charts. That courthouse was one of 10 slated for closure when the plan was announced last year.

There was no immediate explanation from the court, but an employee familiar with the situation said there were concerns that if the building were closed, the court would not be able to reopen it in the future due to seismic regulations.

See Orders and Notices to Attorneys regarding each type of case at http://www.lasuperiorcourt.org/consolidation/ui/.

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AND THE WINNER IS . . .

Logo L

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