CV-58 (04/06)INSTRUCTIONS FOR FILING A CIVIL ACTION BY A NON-PRISONER Page 1 of 14
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
IMPORTANT INFORMATION - PLEASE READ CAREFULLY
INSTRUCTIONS FOR FILING A CI VIL ACTION BY A NON-PRISONER
INSTRUCTIONS AND PROCEDURES
1. CIVIL COMPLAINT - You must file a "Civil Complaint" in the form and manner as set forth in Local
Rule 11 of this Court. Any complaint in any other form will not be accepted by the Clerk's Office. The
complaint must be prepared by you. This office does not have any standard forms for this purpose. The
complaint must also be accompanied by a:
A. Summons - CV-01A (Original plus two copies)
B. Civil Cover Sheet - CV-71 (Original plus two copies)
C. Certification and Notice of Interested Pa rties - CV-30 (Original plus two copies)
These three forms are available in the Clerk's Office. They must be completed in full. Each original
document filed in this Court must also be accompanied by a clear and legible copy of the document
filed. Both the original and copy must be blue-backed.
2. FILING FEE - The filing fee for a civil complaint is $350.00. Personal checks are NOT accepted.
3. FILING IN FORMA PAUPERIS - If you are unable to pay the filing fee, you may petition the Court
to allow you to file your complaint without the prep ayment of the filing fee. Forms for your use are
available in the Clerk's Office. These forms must also accompany the complaint. (Declaration in
support of request to proceed in forma pauperis)
4. REQUEST FOR APPOINTMENT OF AN ATTORNEY - A request for appointment of an attorney
must be prepared by you in the form and manner set forth in Local Rule 11. A request in any other form
will not be accepted.
The request must accompany the complaint and be presented as a separate document. Your request
must also state the reasons why you want the Court to appoint an attorney \
for you.
OTHER INFORMATION
PLEASE DO NOT seek the assistance of an employee of this office to help you in this matter. Title 28 U.S.C.
995 prohibits members of this office from providing any type of legal advice.
In the event the Court denies your request for the appointment of any attorney and you find yourself acting as
your own attorney, you must comply with the provisions of Local Rule 83-2.10.
Copies of the Local Rules are also available in any law library or from this Court’s website at:
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www.cacd.uscourts.gov. Pertinent parts of Local Rules 3, 5, 7, 8, 11, 1\
5, 16, 19, 26, 38, 41, 56 and 83 as well
as Federal Rule of Civil Procedure 4(i)(1) are attached for your inf\
ormation and convenience.
Also attached is a list of lawyer referral services.
F.R.CIV.P.3. COMMENCEMENT OF ACTION
L.R. 3-1 Civil Cover Sheet. All civil actions presented to the Clerk for filing shall be accompanied by a
Civil Cover Sheet, in duplicate, completed and signed by the attorney or party presenting the matter. In all
cases where jurisdiction is invoked in whole or in part under 28 U.S.C. § 1338 (regarding patents, plant variety
protection, copyrights and trademarks), the Clerk shall al so be provided at the time of filing with the original
and two copies of the required notice to the Patent and Trademark Office in patent, plant variety protection and
trademark matters and the original and four copies of the required notice in copyright matters. Copies of the
Civil Cover Sheet and the required forms of notice to th e Patent and Trademark Office are available from the
Clerk.
F.R.CIV.P.5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
L.R. 5-3 Proof of Service
L.R. 5-3.1 Form . Proof of service shall be made by declaration of the person
accomplishing the service. That declaration shall include the following infor\
mation: (a) The day and manner of service;
(b) Each person and/or entity served;
(c) The title of each document served; and
(d) The method of service employed ( e.g., personal, mail, substituted, etc.)
L.R. 5-3.2 Proof of Service - Attachment to Document Served . If the proof or acknowledgment
of service is attached to the original document, it shall be attached as the last page of the document.
F.R.C
IV .P. 7. PLEADINGS ALLOWED; FORM OF MOTIONS
L.R. 7-1 Stipulations . Stipulations will be recognized as binding only when made in open court, on the
record at a deposition, or when filed in the proceeding. Written stipulations affecting the progress of the case
shall be filed with the Court, be in the form provided by L.R. 52-9, and will not be effective until approved by
the judge, except as authorized by statute or the F.R.Civ.P.
L.R. 7-2 Applicability . The provisions of this rule shall apply to motions, applications, petitions, orders
to show cause, and all other proceedings except a trial on the merits (all such being included within the term
“motion” as used herein) unless otherwise ordered by th e Court or provided by statute, the F.R.Civ.P., or the
Local Rules.
L.R. 7-3 Conference of Counsel Prior to Filing of Motions . In all cases not listed as exempt in L.R.
16-11, and except in connection with discovery motions (which are governed by L.R. 37-1 through 37-4) and
applications for temporary restraining orders, counsel c ontemplating the filing of any motion shall first contact
opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and
any potential resolution. If the proposed motion is one which under the F.R.Civ.P. must be filed within a
specified period of time ( e.g., a motion to dismiss pursuant to F.R.Civ.P. 12(b), or a new trial motion pursuant
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to F.R.Civ.P. 59(a)), then this conference shall take place at least five (5) days prior to the last day for filing the
motion; otherwise, the conference shall take place at least twenty (20) days prior to the filing of the motion. If
the parties are unable to reach a resolution which eliminates the necessity for a hearing, counsel for the moving
party shall include in the notice of motion a statement to the following effect:
“This motion is made following the conference of counsel pursuant to L.R. 7-3 which took p\
lace
on (date).”
L.R. 7-4 Motion Papers . No motion will be considered by the Court unless it meets the requirements
of L.R. 7-4 through 7-8. On the first page of the notice of motion and every other document filed in connection
with any motion, there shall be included, under the title of the document, the date and time of the motion
hearing, and the name of the judicial officer before whom the motion has been noticed. The notice of motion
shall contain a concise statement of the relief or Court action the movant seeks.
L.R. 7-5 Moving Papers . There shall be served and filed with the notice of motion:
(a) A brief but complete memorandum in support thereof and the points and authorities upon
which the moving party will rely; and
(b) The evidence upon which the moving party will rely in support of the motion.
L.R. 7-6 Evidence on Motions . Factual contentions involved in any motion and opposition to motions
shall be presented, heard, and determined upon declarations and other written evidence (including documents,
photographs, deposition excerpts, etc.) alone, except that th e Court may, in its discretion, require or allow oral
examination of any declarant or any other witness.
L.R. 7-7 Form and Content of Declarations . Declarations shall contain only factual, evidentiary
matter and shall conform as far as possible to the requirements of F.R.Civ.P. 56(e).
L.R. 7-8 Presence of Declarants - Civil Cases . On motions for and orders to show cause re preliminary
injunctions, motions to be relieved from default and other motions where an issue of fact is to be determined
( e.g. , civil contempt, but excluding motions contesting venue and personal jurisdiction), not later than ten (10)
calendar days prior to the hearing, a party desiring to cross-examine any declarant who is not beyond the
subpoena power of the Court and who is reasonably availa ble to the party offering his declaration may serve by
hand (or facsimile) and file a notice of request to cro ss-examine such declarant. If the party offering the
declaration disputes that the declarant is within the s ubpoena power of the Court and reasonably available to the
offering party, such party shall serve and file an objection to the noti\
ce of request to cross-examine not later
than seven (7) calendar days prior to the hearing. The offering party\
shall be under no obligation to produce the
declarant unless the Court has granted the request to cross-examine by written order not later than three (3)
calendar days prior to the hearing. No declaration of a declarant with respect to whom such a request has been
granted shall be considered unless such declarant is personally present \
and available at the hearing for such
cross-examination as the Court may permit. The Court ma y, in the alternative, order that the cross-examination
be done by deposition taken on two (2) calendar days’ notice with t\
he transcript being lodged two (2) court days
prior to the hearing. The Court may impose sanctions pursuant to these Local Rules against any party or
counsel who requests the presence of any declarant without a good-faith \
intention to cross-examine the
declarant.
L.R. 7-9 Opposing Papers . Each opposing party shall, not later than ten (10) days after servi\
ce of the
motion in the instance of a new trial motion and not later th an fourteen (14) days before the date designated for
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the hearing of the motion in all other instances, serve upon all other parties and file with the Clerk either (a) the
evidence upon which the opposing party will rely in opposition to the motion and a brief but complete
memorandum which shall contain a statement of all the reasons in opposition thereto and the points and
authorities upon which the opposing party will rely, or (b) a written \
statement that he will not oppose the
motion. Evidence presented in all opposing papers shall comply with the requirements of L.R. 7-6, 7-7 and 7-8.
L.R. 7-10 Reply Papers . If the moving party so desires, he may, not later than the seventh calendar
date (not excluding Saturdays, Sundays, and holidays) be fore the date designated for the hearing of the motion,
serve and file a reply memorandum, and declarations or other rebuttal evidence. Absent prior written ord\
er of
the Court, the opposing party shall not file a response to the reply.
L.R. 7-11 Continuance of Hearing Date . Unless the order for continuance shall specify otherwise, the
entry of an order continuing the hearing of a motion automatically extends the time for filing and serving
opposing papers and reply papers to fourteen (14) da ys and seven (7) days, respectively, preceding the new
hearing date. A stipulation to continue shall provide th e date the opposition and reply papers are due to be filed
with the Court.
L.R. 7-12 Failure to File Required Papers . Papers not timely filed by a party including any
memoranda or other papers required to be filed under this rule will not be c\
onsidered and may be deemed by the
Court consent to the granting or denial of the motion, as the case may be.
L.R. 7-13 Sanctions for Late Filing . A party filing any document in support of, or in opposition to,
any motion noticed for hearing as above provided after the time for filing the same shall have expired, also shall
be subject to the sanctions of L.R. 83-7 and the F.R.Civ.P.
L.R. 7-14 Appearances at Hearing . Counsel for the moving party and the opposing party shall be
present on the hearing date and shall have such familiarity with the case as to permit informed discussion and
argument of the motion. Failure of any counsel to appear, unless excused by the Court in \
advance pursuant to
L.R. 7-15 or otherwise, may be deemed consent to a ruling upon the motion adverse to that counsel’s position.
L.R. 7-15 Oral Argument - Waiver . Counsel may, with the consent of the Court, waive oral argument.
Counsel who have agreed to waive oral argument shall advise the court clerk of such agreement by no later than
noon on the third court day preceding the hearing date. The court clerk\
shall advise the parties by no later than
noon on the court day preceding the hearing date as to whether the Court\
has consented to the waiver of oral
argument. The Court may dispense with oral argument on any motion except where an oral hearing is required
by statute, the F.R.Civ.P. or these Local Rules.
L.R. 7-16 Advance Notice of Withdrawal or Non-Opposition . Any moving party who does not intend
to press the motion or who intends to withdraw it before the hearing date, any opposing\
party who does not
intend to oppose the motion, and any party who intends to move for a continuance of the hearing of a motion
shall, not later than noon on the Tuesday preceding the hearing date, no\
tify opposing counsel and the court
clerk.
L.R. 7-17 Resubmission of Motions Previously Acted Upon . If any motion, application or petition has
been made to any judge of this Court and has been denied in whole or in part o\
r has been granted conditionally
or on terms, any subsequent motion for the same relief in whole or in part, whether upon the same or any
allegedly different state of facts, shall be presented to the same judge whenever possible. If presented to a
different judge, it shall be the duty of the moving party to file and serve a declaration setting forth the material
facts and circumstances as to each prior motion, including the date and judge involved in the prior motion, the
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ruling, decision, or order made, and the new or different facts or circumstances claimed to warrant relief and
why such facts or circumstances were not shown to the judge who ruled on the motion. Any failure to comply
with the foregoing requirements shall be the basis for setting aside any order made on such subsequent motion,
either sua sponte or on motion or application, and the offending party or attorney may be subject to the
sanctions provided by L.R. 83-7.
L.R. 7-18 Motion for Reconsideration . A motion for reconsideration of the decision on any motion
may be made only on the grounds of (a) a material differen ce in fact or law from that presented to the Court
before such decision that in the exercise of reasonabl e diligence could not have been known to the party moving
for reconsideration at the time of such decision, or (b) th e emergence of new material facts or a change of law
occurring after the time of such decision, or (c) a manife st showing of a failure to consider material facts
presented to the Court before such decision. No motion for reconsideration shall in any manner repeat any oral
or written argument made in support of or in opposition to the original motion.
L.R. 7-19 Ex Parte Application . An application for an ex parte order shall be accompanied by a
memorandum containing, if known, the name, address a nd telephone number of counsel for the opposing party,
the reasons for the seeking of an ex parte order, and poi nts and authorities in support thereof. An applicant also
shall lodge the proposed ex parte order.
L.R. 7-19.1 Notice of Application . It shall be the duty of the attorney so applying (a) to make a
good faith effort to advise counsel for all other parties, if known, of \
the date, time and substance of the
proposed ex parte application and (b) to advise the C ourt in writing of efforts to contact other counsel and
whether any other counsel, after such advice, opposes the application or\
has requested to be present when the
application is presented to the Court.
L.R. 7-19.2 Waiver of Notice . If the judge to whom the application is made finds that the
interest of justice requires that the ex parte application be heard without notice (which in the instance of a TRO
means that the requisite showing under F.R.Civ.P. 65(b) has been made), the judge may waive the notice
requirement of L.R. 7-19.1.
L.R. 7-20 Orders on Motions and Applications. Any order lodged in connection with a motion or
application must comply with L.R. 52.
F.R.CIV.P.7.1 DISCLOSURE STATEMENT
L.R. 7.1-1 Certification as to Interested Parties . To enable the Court to evaluate possible
disqualifications or recusal, counsel for all parties sha ll file with their first appearance an original and two
copies of a Notice of Interested Parties which shall list all persons, a\
ssociations of persons, firms, partnerships
and corporations (including parent corporations) which ha ve a direct, pecuniary interest in the outcome of the
case, including any insurance carrier which may be liable in whole or in part (directly or indirectly) for a
judgment that may be entered in the action or for the cost of defense.
The Notice shall include the following certification:
“The undersigned, counsel or record for
, certifies that the following listed party (or
parties) has (have) a direct, pecuniary interest in the outcome of this case. These representations are made to
enable the Court to evaluate possible disqualification or recusal.
(Here list the names of all such parties and identify their connection and interest.)
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Signature, Attorney of Record for.”
F.R.CIV.P.8. GENERAL RULES OF PLEADING L.R. 8-1 Jurisdiction - Allegations . The statutory or other basis for the exercise of jurisdiction by this\
Court shall be plainly stated in the first paragr aph of any document invoking this Court’s jurisdiction.
L.R. 8-2 Three-Judge Court - Identification in Pleading . If a party contends that the matter filed
requires hearing by a court composed of three judges, the words “Three-Judge Court” shall be type\
d
immediately below the docket number.
L.R. 8-3 Response to Initial Complaint . A stipulation extending the time within which to answer or
otherwise respond to the initial complaint in an action by not more than thirty (30) days need not be approved
by the judge, but shall be filed. This rule shall not apply to answers,\
replies or other responses to cross-claims,
counterclaims, third-party complaints or any amended or supplemental pleadings.
F.R.CIV.P. 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS;
REPRESENTATIONS TO COURT; SANCTIONS
L.R. 11-1 Signature of Counsel . All documents, except declarations, shall be signed by the attorney
for the party or the party appearing pro se. The name of the person signing the document shall be clearly typed
below the signature line.
L.R. 11-2 Facsimile Documents . Documents may not be transmitted by facsimile directly to the
Clerk’s office for filing. However, copies of facsimile documents shall be accepted for filing, provided that
they are legible. The original of any faxed document, including the original signature of the attorney, party or
declarant, shall be maintained by the filing party until the conclusion of the case, including any applicable
appeal period, subject to being produced upon order of the Court.
L.R. 11-3 Documents Presented to the Court - Form and FormatL.R. 11-3.1 Legibility . All pleadings, motions, affidavits, declarations, briefs, points and
authorities, and all other papers and documents, including all exhibits thereto (hereinafter collectively referred
to as “documents”), presented for filing or lodging with the Clerk, shall be typewritten or printed, or prepared
by a photocopying or other duplicating process that will pr oduce clear and permanent copies equally legible to
printing, in black or dark blue ink.
L.R. 11-3.1.1 Typeface. Either a proportionally spaced or a monospaced face may be
used. A proportionally spaced face must be 14-point or larger, or as the Court may otherwise order. A
monospaced face may not contain more than 10-1/2 characters per inch.
L.R. 11-3.2 Paper . All documents shall be submitted on opaque, unglazed, white paper
(including recycled paper) not less than 13-pound weight. The paper s\
hall be 8 ½ x 11 inches, numbered on the
left margin with not more than 28 lines per page. Only one side of the paper shall be used. T\
he lines on each
page shall be double spaced and numbered consecutively with line 1 beginning at least one inch below the to\
p
edge of the paper.
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L.R. 11-3.3 Pagination. All documents shall be numbered consecutively at the bottom of each
page.
L.R. 11-3.4 Original; Copies . The original of a document shall be labeled as the original and
shall consist entirely of the original pages, except as otherwise allowed by these rules. All copies are to be
clearly identified as such.
L.R. 11-3.5 Pre-Punching, Riders and Backing of Documents . All documents presented for
filing or lodging shall be pre-punched with two (2) norma l-size holes (approximately 1/4" diameter), centered
2-3/4 inches apart, 1/2 to 5/8 inches from the top edge of the document. No pages of any document shall have
any rider or attachment affixed thereto. All pages sh all be firmly bound at the top and backed. The backing
shall extend not more than one (1) inch below the pages bound and have the short title of\
the document typed in
the lower right hand corner.
L.R. 11-3.6 Spacing . The typing or printing on the document shall be double spaced, including
citations and quotations.
L.R. 11-3.6.1 Footnotes - Exception . Footnotes may be single spaced.
L.R. 11-3.8 Title Page . On the first page of all documents:
(a) The name, California bar number, office address (or residence address if no office
is maintained), the telephone and facsimile numbers, and the email address of the attorney or a party appearing
pro se presenting the document shall be placed commencing with line 1 at the left margin. Immediately
beneath, the party on whose behalf the document is presen ted shall be identified. All this information shall be
single spaced. When a document is presented, the information set forth in this paragraph shall be supplied for
each attorney or party appearing pro se who joins in the presentation of that document, and who has not
previously filed a document that includes the information.(Amended, effective 2/1/05)
(b) The space between lines 1 and 7 to the right of the center of the page sh\
all be left
blank for use by the Clerk.
(c) The title of the Court shall be centered on or below line 8.
(d) The names of the parties shall be placed below the title of the Court and to th\
e left
of center, and single spaced. If the parties are too numerous, the names may be continued on the second or
successive pages in the same space. In all documents, after the initial pleadings, the names of the first-named
party only on each side shall appear.
(e) The docket number of the case shall be placed to the right of the center of the
page and immediately opposite the names of the parties on the first page. Immediately below the docket
number shall appear a concise description of the nature of the document ( e.g., notice of motion, memorandum
in support or opposition). Immediately below the descrip tion shall appear the time and date of the hearing on
the matter to which the paper is addressed.
(f) The title of a complaint or petition shall state the nature of the action or
proceeding.
F.R.CIV.P. 15. AMENDED AND SUPPLEMENTAL PLEADINGS
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L.R. 15-1 Lodging - Separate Document. An original and one copy of the proposed amended pleading
shall be lodged as a separate document with any notice of motion or stipulation to amend a pleading.
L.R. 15-2 Complete Document . Every amended pleading filed as a matter of right or allowed by order
of the Court shall be complete including exhibits. The amended pleading shall not refer to the prior, superseded
pleading.
L.R. 15-3 Date of Service . An amended pleading allowed by order of the Court shall be deemed served
upon the parties who have previously appeared on the date the motion to amend is granted or the stipulation
therefor is approved. Service of amended pleadings on a party who has not previously appeared shall be made
as provided in L.R. 4-1, 4-2, and 4-3.
F.R.CIV.P.16. PRETRIAL CONFERE NCES; SCHEDULING; MANAGEMENT
L.R. 16-2.4 Witnesses . The parties shall exchange a list of names and addresses of witnesses
(including expert witnesses) to be called at trial other than those co\
ntemplated to be used solely for
impeachment.
F.R.CIV.P.19. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
L.R. 19-1 Fictitiously Named Parties . No complaint or petition shall be filed that includes more than
ten (10) Doe or fictitiously named parties.
L.R. 19-2 Misjoinder . No complaint or petition alleging viola tion of copyright, patent or trademark
shall contain causes of action of different owners cl aiming violation of different copyrights, patents or
trademarks, unless the complaint or petition is accompanied by a declaration of counsel setting forth grounds
showing that the interests of justice will be advanced, and a multiplicity of actions avoided, by such joinder.
F.R.CIV.P.26. GENERAL PROVISIONS GOVE RNING DISCOVERY; DUTY OF DISCLOSURE
L.R. 26-1 Conference of Parties; Report . At the conference of parties held pursuant to F.R.Civ.P.
26(f), the parties shall discuss the following matters in addition to those noted in F.R.Civ.P. 26(f):
(a) Complex Cases. The complexity of the case, and whether all or part of the procedures of
the Manual For Complex Litigation (current edition) should be utilized. Counsel may propose to the Court
modifications of the procedures in the Manual to facilitate the management of a particular action.
(b)Motion Schedule. The dispositive or partially dispositive motions which are likely to be
made, and a cutoff date by which all such motions shall be made.
(c)Settlement. The likelihood of settlement, whether settlement discussions have taken
place or are scheduled, and which mandatory settlement procedure
should be utilized under L.R. 16-14.
(d)Trial Estimate . A preliminary estimate of the time required for trial.
(e) Additional Parties. The likelihood of appearance of additional parties.
(f) Expert Witnesses. The proposed timing of disclosures under F.R.Civ.P. 26(a)(2).
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In their written report required by F.R.Civ.P. 26(f), the parties shall include their views and
proposals on the matters listed in this local rule.
L.R. 26-2 Discovery Documents - Filing . When a discovery request or response is required for use in a
proceeding, only that part of the document which is in i ssue shall be filed. All such discovery documents shall
be held by the attorney pending use for the period specified in L.R. 79-\
3 for the retention of exhibits, unless
otherwise ordered by the Court. Discovery documents lodged with the Court for a motion or a trial which are
not used in said motion or trial shall be returned by the clerk to the party lodging the do\
cument at the
conclusion of the motion or trial.
L.R. 26-3 Exhibits in DiscoveryL.R. 26-3.1 Numbering of Exhibits . Documents introduced in discovery shall be numbered
sequentially. Only one exhibit number shall be assigned to any given document. Exhibits shall be numbered
without regard to the identity of the party introducing the exhibits.
If possible, each new exhibit shall be given the next available number. If it is not possible to do
so (as, for example, when multiple depositions are conducted on the same day), then the parties shall break the
sequence and use higher numbers to avoid duplication.
L.R. 26-3.2 Duplicate Exhibits . Any exhibit which is an exact duplicate of an exhibit
previously numbered shall bear the same exhibit number regardless of which party is using the exhibit. Any
version of any exhibit which is not an exact duplicate sha ll be marked and treated as a different exhibit bearing
a different exhibit number.
L.R. 26-3.3 Inadvertent Numbering of a Duplicate Exhibit . If, through inadvertence, the same
exhibit has been marked with different exhibit numbers, the parties shall assign the lowest such exhibit number
to the exhibit and conform all deposition transcripts and exhibits to reflect the lowest number. The superseded
number shall not be reused by the parties.
Example: If the same exhibit has been marked as 52 in the deposition of A and 125 in the
depositions of B, C and/or D, the exhibit marked 125 shall be renumbered 52 and the depositions of B, C and D
shall be conformed to the renumbered exhibit. Thereafter, number 125 shall not be used.
L.R. 26-3.4 Designation of Exhibit Sub-Parts . If it is necessary to identify sub-parts of a
document that has been marked as an exhibit, then such sub-parts shall be designated by the number of the
exhibit followed by a number designation.
Example: If a three-page contract is marked as Exhibit No. 12, the pages of the contract may be
marked as Exhibits 12-1, 12-2, and 12-3; the entire document shall be referred to as Exhibit 12.
L.R. 26-3.5 Exhibits - Internal Control Numbering . In addition to exhibit numbers, documents
may bear other numbers or letters used by the parties for internal control purposes.
F.R.CIV.P.38. JURY TRIAL OF RIGHT
L.R. 38-1 Jury Trial Demand - Included in Pleading . If the demand for jury trial is included in a
pleading, it shall be set forth at the end thereof and be signed by the \
attorney for the party making the demand.
The caption of such a pleading shall also contain the following: “DE\
MAND FOR JURY TRIAL.”
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L.R. 38-2 Jury Trial Demand - Removed Cases Where Jury Trial Not Demand\
ed Prior to Removal.
In all such cases removed to this Court which are not at issue at the time of removal, the demand for jury trial
must be filed within ten (10) days after service of th e last responsive pleading addressed to an issue triable by
right by a jury. If the matter already is at issue at the time of removal, the demand must be filed within ten (10)
days after the filing of the notice of removal if the demand is made by the removing party, and within ten (10)
days after service of filing of the notice of removal if the demand is made by a party other than the removing
party.
L.R. 38-3 Jury Trial Demand - Marking Civil Cover Sheet Insufficient . Marking the Civil Cover
Sheet shall not be deemed a sufficient demand to co mply with F.R.Civ.P. 38(b) or L.R. 38-1 and 38-2.
L.R. 38-4 Exceptions . The provisions of L.R. 38-3 shall not prevent the use of printed form\
s provided
by the Clerk or by the Administrative Office of the United States Courts.
F.R.CIV.P. 41. DISMISSAL OF ACTIONS
L.R. 41-6 Dismissal - Failure of Pro Se Plaintiff to Keep Court Apprise\
d of Current Address . A party
proceeding pro se shall keep the Court and opposing parties apprised of such party’s c\
urrent address and
telephone number, if any. If mail directed by the Clerk to a pro se plaintiff’s address of record is returned
undelivered by the Postal Service, and if, within fifteen (15) days of the service date, such plaintiff fails to
notify, in writing, the Court and opposing parties of his cu rrent address, the Court may dismiss the action with
or without prejudice for want of prosecution.
F.R.CIV.P. 56. SUMMARY JUDGMENT
L.R. 56-1 Papers Required From Moving Party . There shall be served and lodged with each notice of
motion for summary judgment pursuant to F.R.Civ.P. 56 a proposed “Statement of Uncontroverted Facts and
Conclusions of Law” and the proposed judgment. Such proposed statement shall set forth the material facts as
to which the moving party contends there is no genuine issue.
L.R. 56-2 Statement of Genuine Issues of Material Fact by Opposing Party. Any party who opposes
the motion shall serve and file with his opposing papers a separate document containing a concise “Statement of
Genuine Issues” setting forth all material facts as to which it is contended there exists a genuine issue n\
ecessary
to be litigated.
L.R. 56-3 Determination of Motion . In determining any motion for summary judgment, the Court will
assume that the material facts as claimed and adequately supported by the moving party are admitted to exist
without controversy except to the extent that such mate rial facts are (a) included in the “Statement of Genuine
Issues” and (b) controverted by declaration or other written eviden\
ce filed in opposition to the motion.
L.R. 56-4 Motions Under F.R.Civ.P. 56(d) . This rule shall apply to motions for orders specifying
material facts that appear without substantial contr oversy pursuant to F.R.Civ.P. 56(d), except that the proposed
“Statement of Uncontroverted Facts and Conclusions of Law” and “Statement of Genuine Issues” shall be
limited to the facts which the moving party asserts to be without substantial controversy and the moving party
shall submit a proposed order instead of a proposed judgment.
F.R.CIV.P.83. RULES BY DISTRI CT COURTS; JUDGE’S DIRECTIVES
L.R. 83-1.3 Notice of Related Cases
CV-58 (04/06)INSTRUCTIONS FOR FILING A CIVIL ACTION BY A NON-PRISONER Page 11 of 14
L.R. 83-1.3.1 Notice. At the time a civil action (including a notice of removal or
bankruptcy appeal) is filed, or as soon as known thereafter, the attorney shall file and serve on all parties who
have appeared a Notice of Related Case(s), stating wh ether any action previously filed or currently pending in
the Central District and the action being filed appear:
(a) To arise from the same or substantially identical transactions, happenings
or events; or
(b) To involve the same patent, trademark or copyright, except where in one
or both actions the same patent, trademark or copyright is joined with other patents, trademarks or copyrights
which do not cover the same or substantially identical subject matter; or
(c) To call for determination of the same or substantially identical questions
of law and fact; or
(d) Likely for other reasons to entail substantial duplication of labor if he\
ard
by different judges.
The Notice of Related Case(s) shall also include a brief factual state\
ment setting forth the basis
for the attorney’s belief that the action qualifies for related case transfer.
The Notice of Related Case also shall be served concurrently with service of the complaint.
L.R. 83-1.3.2 Opposition . Any party opposing a related case transfer may, within five
(5) days of the service of a notice of Related Case(s) on him, or first appearance, file and serve a short
counter-statement setting forth the reasons the action does not qualify for related ca\
se transfer.
L.R. 83-1.3.3 Continuing Duty . It shall be the continuing duty of the attorney in any
case promptly to bring to the attention of the Court, by the filing of a Notice of Related Case(s) pursuant to L.R.
83-1.3, all facts which in the opinion of the attorney or party appear r\
elevant to a determination whether such
action and one or more pending actions should, under the criteria and procedures set forth in L.R. 83-1.3, be
heard by the same judge.
L.R. 83-1.4 Notice of Pendency of Other Actions or ProceedingsL.R. 83-1.4.1 Notice . Whenever a civil action filed in or removed to this Court involves
all or a material part of the subject matter of an acti on then pending before the United States Court of Appeals,
Bankruptcy Appellate Panel, Bankruptcy Court or any othe r federal or state court or administrative agency, the
attorney shall file a “Notice of Pendency of Other Ac tions or Proceedings” with the original complaint or
petition filed in this Court. The duty imposed by L.R. 83-1.4 continues throughout the time an action is before
this Court.
L.R. 83-1.4.2 Notice - Contents . The Notice of Pendency of Other Actions or
Proceedings shall contain:
(a) A description sufficient to identify all other actions or proceedings;
(b) The title of the court or administrative body in which the other actions or
proceedings are pending;
CV-58 (04/06)INSTRUCTIONS FOR FILING A CIVIL ACTION BY A NON-PRISONER Page 12 of 14
(c) The names of the parties or participants in such other actions or
proceedings; (d) The names, addresses and telephone numbers of the attorneys in such
other actions or proceedings; and
(e) A brief factual statement setting forth the basis for the attorney’s belief
that the action involves all or a material part of th e subject matter of such other actions or proceedings.
L.R. 83-1.4.3 Notice of Petition to the Judicial Panel on Multidistrict\
Litigation - Duty
of Counsel . The attorney shall comply with L.R. 83-1.4 promptly upon learning that an action or proceeding
filed in this Court is the subject of or is related to an action which is before the Judicial Panel on Multidistrict
Litigation, or which has been transferred by it pursuant to 28 U.S.C. §\
1407.
L.R. 83-2.10 Persons Appearing Without an Attorney - Pro Se LitigantsL.R. 83-2.10.1 Corporation, Unincorporated Association, Partnership or \
Trust . A
corporation including a limited liability corporation, a partnership including a limited liability partnership, an
unincorporated association, or a trust may not appear in any action or proceeding pro se.
L.R. 83-2.10.2 Individuals . Any person representing himself or herself without an
attorney must appear pro se for such purpose. That representation may not be delegated to any other person,
including a spouse, parent or other relative, nor to any other party on \
the same side who is not represented by an
attorney. A non-attorney guardian for a minor or an incompetent person must be represented by counsel.
L.R. 83-2.10.3 Compliance With Federal Rules . Any person appearing pro se will be
required to comply with these Local Rules, and with the F.R.Civ.P., F.R.Crim.P., F.R.Evid. and F.R.App.P.
L.R. 83-2.10.4 Sanctions . Failure to comply with the rules enumerated in L.R. 83-
2.10.3 may be ground for dismissal or judgment by default.
L.R. 83-2.11 Communications With the Judge . Attorneys or parties to any action or
proceeding shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise
communicating with a judge in a pending matter unless opposing counsel is present. All matters shall be called
to a judge’s attention by appropriate application or motion filed in compliance with these Local Rules.
F.R.CIV.P. 4 SUMMONS
(i) Serving the United States, Its Agencies, Corporations, Officers, or Emplo\
yees.(1) Service upon the United States shall be effected(A) by delivering a copy of the summons and of the complaint to the
United States attorney for the district in which the acti on is brought or to an assistant United States attorney or
clerical employee designated by the United States attorney in a writing filed with the clerk of the court or by
sending a copy of the summons and of the complaint by registered or certified mail addressed to the civil
process clerk at the office of the United States attorney and (B) by also sending a copy of the summons and of the complaint by registered orcertified mail to the Attorney General of the United States at Washington, District
of Columbia and
CV-58 (04/06)INSTRUCTIONS FOR FILING A CIVIL ACTION BY A NON-PRISONER Page 13 of 14
(C) in any action attacking the validity of an order of an officer or agency of the
United States not made a party, by also sending a copy of the summons and of the
complaint by registered or certified mail to the officer or agency.
CV-58 (04/06)INSTRUCTIONS FOR FILING A CIVIL ACTION BY A NON-PRISONER Page 14 of 14
LAWYER REFERRAL SERVICES
(These organizations are not affiliates of the District Court.)
U Los Angeles County
Bet Tzedek / 323-939-0506
Beverly Hills Bar Lawyer Referral & Information Service / 310-553-4022
Burbank Bar Association (Lawyer Referral Service and Legal Aid) / 818-\
843-0931
El Centro de Accion, Inc. Community Service / 626-792-3148
Glendale Bar Association Lawyer Referral Service / 818-956-1633
Los Angeles County Bar Association Lawyer Referral & Information Service / 213-243-1525
Long Beach Bar Association (Lawyer Referral Service) / 562-432-5913
San Fernando Valley Bar Association Lawyer Referral and Information Service/ 818-340-4529
San Gabriel Valley Lawyer Referral Service / 626-966-5530
Santa Monica Bar Association (Lawyer Referral & Information Service) / 310-581-5163
Southeast District Bar Association (Lawyer Referral Service) / 562-868\
-6787
U Orange County
College Legal Clinic / 714-278-5850
Orange County Bar Association Lawyer Referral & Information Service / 949-440-6747
Orange County Trial Lawyers (Lawyer Referral Service) / 714-571-5204
URiverside County
Lawyer Referral Service of the Riverside County Bar Assn. / 909-682-7520\
or 909-568-5555
USan Bernardino County
College Legal Clinic / 909-880-5936
San Bernardino County Bar Association Lawyer Referral Service / 909-888-\
6791
San Gabriel Valley Lawyer Referral Service / 626-966-5530
Western San Bernardino County Bar Associa tion (Lawyer Referral Service) / 909-945-2980
U Santa Barbara County
Lawyer Referral Service of the Santa Barbara County Bar Association / 80\
5-962-8191
UVentura County
San Fernando Valley Bar Association Lawyer Referral and Information Service/ 818-340-4529
(serves Ventura and San Fernando Valley)
Ventura County Bar Association / 805-650-7599
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM
Authority for Civil Cover Sheet
CV-71A (03/05) (JS-44 amended 11/04)INSTRUCTIONS FOR CIVIL COVER SHEETPage 1 of 1The CV-71 (JS-44 ) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law
except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for
the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case
should complete the form as follows:
I. (a)PLAINTIFFS - DEFENDANTS. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a Government Agency use only the full
name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official giving both name
and title.
(b)County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S.
plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: in land condemnation cases, the county of residence
of the “defendant” is the location of the tract of land involved.)
(c)Attorneys. Enter firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section (“see
attachment”). Refer to Local Rules 83-2.7 and 41-6 for further information regarding change of attorney name, address, firm association, phone number, fax number or
e-mail address, and dismissal of action for failure of pro se plaintiff to keep Court apprised of current address.
II.JURISDICTION. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdiction be shown in pleadings. Place an “X” in one of the
boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States Plaintiff. (1) Jurisdiction is based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States Defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal Question. (3) This refers to suits under 28 U.S.C. 1331 where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution,
and act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code take precedence and box 1 or 2 should be
marked.
Diversity of Citizenship. (4) This refers to suits under 28 U.S.C. 1332 where parties are citizens of different states. When box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below) (Federal question actions take precedence over diversity cases.)
III.RESIDENCE (CITIZENSHIP) OF PRINCIPAL PARTIES. This section of the CV-71(JS-44) is to be completed if diversity of citizenship was indicated above. Mark
this section for each principal party.
IV.ORIGIN. Place an “X” in one of the seven boxes:
(1) Original Proceedings. Cases which originate in the United States District Courts.
(2)Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C. Section 1441. When the petition for
removal is granted, check this box.
(3)Remanded from Appellate court. Check this box for cases remanded to the district court for further action. Use the date of remand as thefiling date.
(4)Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
(5)Transferred from Another District. For cases transferred under Title 28 U.S.C. Section 1404(a). DO NOT use this for within-district transfers or
multidistrict litigation transfers. When this box is checked, DO NOT check (6) below.
(6)Multidistrict Litigation. Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is
checked, DO NOT check (5) above.
(7)Appeal to District Judge from Magistrate Judge Judgment. Check this box for an appeal from a magistrate judge’s decision.
V.REQUESTED IN COMPLAINT.
Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VI.CAUSE OF ACTION. Report the civil statute directly related to the cause of action and give a brief description of the cause of action. Do not cite jurisdictional statues
unless diversity. Example: U.S. Civil Statue: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII.NATURE OF SUIT. Place an “X” in the appropriate box. MARK ONE BOX ONLY. If the cause of action fits more than one nature of suit, select the one that best
describes your cause of action..
VIII (a)IDENTICAL CASES. Indicate if an identical action has previously been filed and dismissed, remanded or closed. Insert the docket number and judge’s name, if
applicable.
(b)RELATED CASES. This section of the CV-71 (JS-44)) is used to reference related cases, if any. If there are related cases, insert the docket numbers and the
corresponding judge’s name for each case. Check all boxes that apply.
IX.VENUE. This section of the CV-71 (JS-44) is used to identify the correct division in which the case will be filed. Please remember to indicate the residence of EACH
plaintiff and defendant and the county or state in which each claim arose.
If the United States government or an agency thereof is a plaintiff or defendant, place an “X” in the appropriate box. Indicate the residence of other parties, if any.
In each category: for each party and claim, indicate the county, if in California. If other than California, you need only to list the state or country.
X.Attorney or party appearing pro per must sign and date this form.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET
CV-71 (07/05)CIVIL COVER SHEETPage 1 of 2
I (a) PLAINTIFFS (Check box if you are representing yourself G)
(b)County of Residence of First Listed Plaintiff (Except in U.S. Plaintiff Cases):DEFENDANTS
County of Residence of First Listed Defendant (In U.S. Plaintiff Cases Only):
(c) Attorneys (Firm Name, Address and Telephone Number. If you are representing
yourself, provide same.)Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in one box only.)III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)
G 1 U.S. Government Plaintiff G 3 Federal Question (U.S.
Government Not a Party) Citizen of This StatePTF G 1DEF G 1 Incorporated or Principal Place
of Business in this StatePTF G 4DEF G 4
G 2 U.S. Government Defendant G 4 Diversity (Indicate Citizenship
of Parties in Item III) Citizen of Another State G 2 G 2 Incorporated and Principal Place
of Business in Another State G 5 G 5
Citizen or Subject of a Foreign Country
G 3 G 3 Foreign Nation G 6 G 6
IV. ORIGIN (Place an X in one box only.)
G 1Original
Proceeding G 2 Removed from
State Court G 3 Remanded from
Appellate Court G 4 Reinstated or
Reopened G 5 Transferred from another district (specify): G 6 Multi-
District
Litigation G 7 Appeal to District
Judge from
Magistrate Judge
V. REQUESTED IN COMPLAINT:JURY DEMAND:
G Yes G No (Check ‘Yes’ only if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23:
G Yes G No G MONEY DEMANDED IN COMPLAINT: $
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
VII. NATURE OF SUIT (Place an X in one box only.)
OTHER STATUTES
G 400 State ReapportionmentG 410 AntitrustG 430 Banks and BankingG 450 Commerce/ICC
Rates/etc.
G 460 DeportationG 470 Racketeer Influenced
and Corrupt
Organizations
G 480 Consumer CreditG 490 Cable/Sat TVG 810 Selective ServiceG 850 Securities/Commodities
/Exchange
G 875 Customer Challenge 12
USC 3410
G 890 Other Statutory ActionsG 891 Agricultural ActG 892 Economic Stabilization
Act
G 893 Environmental MattersG 894 Energy Allocation ActG 895 Freedom of Info. ActG 900 Appeal of Fee Determi-
nation Under Equal
Access to Justice
G 950 Constitutionality of
State StatutesCONTRACT
G 110 InsuranceG 120 MarineG 130 Miller ActG 140 Negotiable InstrumentG 150 Recovery of
Overpayment &
Enforcement of
Judgment
G 151 Medicare ActG 152 Recovery of Defaulted
Student Loan (Excl.
Veterans)
G 153 Recovery of
Overpayment of
Veteran’s Benefits
G 160 Stockholders’ SuitsG 190 Other ContractG 195 Contract Product
Liability
G 196 Franchise
REAL PROPERTY
G 210 Land CondemnationG 220 ForeclosureG 230 Rent Lease & EjectmentG 240 Torts to LandG 245 Tort Product LiabilityG 290 All Other Real PropertyTORTS
PERSONAL INJURY
G 310 AirplaneG 315 Airplane Product
Liability
G 320 Assault, Libel &
Slander
G 330 Fed. Employers’
Liability
G 340 MarineG 345 Marine Product
Liability
G 350 Motor VehicleG 355 Motor Vehicle
Product Liability
G 360 Other Personal
Injury
G 362 Personal Injury-
Med Malpractice
G 365 Personal Injury-
Product Liability
G 368 Asbestos Personal
Injury Product
LiabilityTORTS
PERSONAL
PROPERTY
G 370 Other FraudG 371 Truth in LendingG 380 Other Personal
Property Damage
G 385 Property Damage
Product Liability
BANKRUPTCY
G 422 Appeal 28 USC
158
G 423 Withdrawal 28
USC 157
CIVIL RIGHTS
G 441 VotingG 442 EmploymentG 443 Housing/Acco-
mmodations
G 444 WelfareG 445 American with
Disabilities -
Employment
G 446 American with
Disabilities -
Other
G 440 Other Civil
RightsPRISONER
PETITIONS
G 510 Motions to
Vacate Sentence
Habeas Corpus
G 530 GeneralG 535 Death PenaltyG 540 Mandamus/
Other
G 550 Civil RightsG 555 Prison Condition
FORFEITURE /
PENALTY
G 610 AgricultureG 620 Other Food &
Drug
G 625 Drug Related
Seizure of
Property 21 USC
881
G 630 Liquor LawsG 640 R.R. & TruckG 650 Airline RegsG 660 Occupational
Safety /Health
G 690 OtherLABOR
G 710 Fair Labor Standards
Act
G 720 Labor/Mgmt.
Relations
G 730 Labor/Mgmt.
Reporting &
Disclosure Act
G 740 Railway Labor ActG 790 Other Labor
Litigation
G 791 Empl. Ret. Inc.
Security Act
PROPERTY RIGHTS
G 820 CopyrightsG 830 PatentG 840 Trademark
SOCIAL SECURITY
G 861 HIA (1395ff)G 862 Black Lung (923)G 863 DIWC/DIWW
(405(g))
G 864 SSID Title XVIG 865 RSI (405(g))
FEDERAL TAX SUITS
G 870 Taxes (U.S. Plaintiff
or Defendant)
G 871 IRS-Third Party 26
USC 7609
VIII(a). IDENTICAL CASES: Has this action been previously filed and dismissed, remanded or closed?
G No G Yes
If yes, list case number(s):
FOR OFFICE USE ONLY: Case Number:
.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET
CV-71 (07/05)CIVIL COVER SHEETPage 2 of 2
AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
VIII(b). RELATED CASES: Have any cases been previously filed that are related to the present case?
G No G Yes
If yes, list case number(s):
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply)
G A. Arise from the same or closely related transactions, happenings, or events; or
G B. Call for determination of the same or substantially related or similar questions of law and fact; or
G C. For other reasons would entail substantial duplication of labor if heard by different judges; or
G D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.
IX. VENUE: List the California County, or State if other than California, in which EACH named plaintiff resides (Use an additional sheet if necessary) G Check here if the U.S. government, its agencies or employees is a named plaintiff.
List the California County, or State if other than California, in which EACH named defendant resides. (Use an additional sheet if necessary).
G Check here if the U.S. government, its agencies or employees is a named defendant.
List the California County, or State if other than California, in which EACH claim arose. (Use an additional sheet if necessary)
Note: In land condemnation cases, use the location of the tract of land involved.
X. SIGNATURE OF ATTORNEY (OR PRO PER): Date
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings
or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not
filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions
sheet.)
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement of Cause of Action
861 HIA All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.
Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the
program. (42 U.S.C. 1935FF(b))
862 BL All claims for “Black Lung” benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969.
(30 U.S.C. 923)
863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as
amended; plus all claims filed for child’s insurance benefits based on disability. (42 U.S.C. 405(g))
863 DIWW All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security
Act, as amended. (42 U.S.C. 405(g))
864 SSID All claims for supplemental security income payments based upon disability filed under Title 16 of the Social
Security Act, as amended.
865 RSI All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42
U.S.C. (g))
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET
CV-71 (07/05)CIVIL COVER SHEETPage 1 of 2
I (a) PLAINTIFFS (Check box if you are representing yourself G)
(b)County of Residence of First Listed Plaintiff (Except in U.S. Plaintiff Cases):DEFENDANTS
County of Residence of First Listed Defendant (In U.S. Plaintiff Cases Only):
(c) Attorneys (Firm Name, Address and Telephone Number. If you are representing
yourself, provide same.)Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in one box only.)III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)
G 1 U.S. Government Plaintiff G 3 Federal Question (U.S.
Government Not a Party) Citizen of This StatePTF G 1DEF G 1 Incorporated or Principal Place
of Business in this StatePTF G 4DEF G 4
G 2 U.S. Government Defendant G 4 Diversity (Indicate Citizenship
of Parties in Item III) Citizen of Another State G 2 G 2 Incorporated and Principal Place
of Business in Another State G 5 G 5
Citizen or Subject of a Foreign Country
G 3 G 3 Foreign Nation G 6 G 6
IV. ORIGIN (Place an X in one box only.)
G 1Original
Proceeding G 2 Removed from
State Court G 3 Remanded from
Appellate Court G 4 Reinstated or
Reopened G 5 Transferred from another district (specify): G 6 Multi-
District
Litigation G 7 Appeal to District
Judge from
Magistrate Judge
V. REQUESTED IN COMPLAINT:JURY DEMAND:
G Yes G No (Check ‘Yes’ only if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23:
G Yes G No G MONEY DEMANDED IN COMPLAINT: $
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
VII. NATURE OF SUIT (Place an X in one box only.)
OTHER STATUTES
G 400 State ReapportionmentG 410 AntitrustG 430 Banks and BankingG 450 Commerce/ICC
Rates/etc.
G 460 DeportationG 470 Racketeer Influenced
and Corrupt
Organizations
G 480 Consumer CreditG 490 Cable/Sat TVG 810 Selective ServiceG 850 Securities/Commodities
/Exchange
G 875 Customer Challenge 12
USC 3410
G 890 Other Statutory ActionsG 891 Agricultural ActG 892 Economic Stabilization
Act
G 893 Environmental MattersG 894 Energy Allocation ActG 895 Freedom of Info. ActG 900 Appeal of Fee Determi-
nation Under Equal
Access to Justice
G 950 Constitutionality of
State StatutesCONTRACT
G 110 InsuranceG 120 MarineG 130 Miller ActG 140 Negotiable InstrumentG 150 Recovery of
Overpayment &
Enforcement of
Judgment
G 151 Medicare ActG 152 Recovery of Defaulted
Student Loan (Excl.
Veterans)
G 153 Recovery of
Overpayment of
Veteran’s Benefits
G 160 Stockholders’ SuitsG 190 Other ContractG 195 Contract Product
Liability
G 196 Franchise
REAL PROPERTY
G 210 Land CondemnationG 220 ForeclosureG 230 Rent Lease & EjectmentG 240 Torts to LandG 245 Tort Product LiabilityG 290 All Other Real PropertyTORTS
PERSONAL INJURY
G 310 AirplaneG 315 Airplane Product
Liability
G 320 Assault, Libel &
Slander
G 330 Fed. Employers’
Liability
G 340 MarineG 345 Marine Product
Liability
G 350 Motor VehicleG 355 Motor Vehicle
Product Liability
G 360 Other Personal
Injury
G 362 Personal Injury-
Med Malpractice
G 365 Personal Injury-
Product Liability
G 368 Asbestos Personal
Injury Product
LiabilityTORTS
PERSONAL
PROPERTY
G 370 Other FraudG 371 Truth in LendingG 380 Other Personal
Property Damage
G 385 Property Damage
Product Liability
BANKRUPTCY
G 422 Appeal 28 USC
158
G 423 Withdrawal 28
USC 157
CIVIL RIGHTS
G 441 VotingG 442 EmploymentG 443 Housing/Acco-
mmodations
G 444 WelfareG 445 American with
Disabilities -
Employment
G 446 American with
Disabilities -
Other
G 440 Other Civil
RightsPRISONER
PETITIONS
G 510 Motions to
Vacate Sentence
Habeas Corpus
G 530 GeneralG 535 Death PenaltyG 540 Mandamus/
Other
G 550 Civil RightsG 555 Prison Condition
FORFEITURE /
PENALTY
G 610 AgricultureG 620 Other Food &
Drug
G 625 Drug Related
Seizure of
Property 21 USC
881
G 630 Liquor LawsG 640 R.R. & TruckG 650 Airline RegsG 660 Occupational
Safety /Health
G 690 OtherLABOR
G 710 Fair Labor Standards
Act
G 720 Labor/Mgmt.
Relations
G 730 Labor/Mgmt.
Reporting &
Disclosure Act
G 740 Railway Labor ActG 790 Other Labor
Litigation
G 791 Empl. Ret. Inc.
Security Act
PROPERTY RIGHTS
G 820 CopyrightsG 830 PatentG 840 Trademark
SOCIAL SECURITY
G 861 HIA (1395ff)G 862 Black Lung (923)G 863 DIWC/DIWW
(405(g))
G 864 SSID Title XVIG 865 RSI (405(g))
FEDERAL TAX SUITS
G 870 Taxes (U.S. Plaintiff
or Defendant)
G 871 IRS-Third Party 26
USC 7609
VIII(a). IDENTICAL CASES: Has this action been previously filed and dismissed, remanded or closed?
G No G Yes
If yes, list case number(s):
FOR OFFICE USE ONLY: Case Number:
.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET
CV-71 (07/05)CIVIL COVER SHEETPage 2 of 2
AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
VIII(b). RELATED CASES: Have any cases been previously filed that are related to the present case?
G No G Yes
If yes, list case number(s):
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply)
G A. Arise from the same or closely related transactions, happenings, or events; or
G B. Call for determination of the same or substantially related or similar questions of law and fact; or
G C. For other reasons would entail substantial duplication of labor if heard by different judges; or
G D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.
IX. VENUE: List the California County, or State if other than California, in which EACH named plaintiff resides (Use an additional sheet if necessary) G Check here if the U.S. government, its agencies or employees is a named plaintiff.
List the California County, or State if other than California, in which EACH named defendant resides. (Use an additional sheet if necessary).
G Check here if the U.S. government, its agencies or employees is a named defendant.
List the California County, or State if other than California, in which EACH claim arose. (Use an additional sheet if necessary)
Note: In land condemnation cases, use the location of the tract of land involved.
X. SIGNATURE OF ATTORNEY (OR PRO PER): Date
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings
or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not
filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions
sheet.)
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation Substantive Statement of Cause of Action
861 HIA All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.
Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the
program. (42 U.S.C. 1935FF(b))
862 BL All claims for “Black Lung” benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969.
(30 U.S.C. 923)
863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as
amended; plus all claims filed for child’s insurance benefits based on disability. (42 U.S.C. 405(g))
863 DIWW All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security
Act, as amended. (42 U.S.C. 405(g))
864 SSID All claims for supplemental security income payments based upon disability filed under Title 16 of the Social
Security Act, as amended.
865 RSI All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42
U.S.C. (g))
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET
CV-71 (07/05)CIVIL COVER SHEETPage 1 of 2
I (a) PLAINTIFFS (Check box if you are representing yourself G)
(b)County of Residence of First Listed Plaintiff (Except in U.S. Plaintiff Cases):DEFENDANTS
County of Residence of First Listed Defendant (In U.S. Plaintiff Cases Only):
(c) Attorneys (Firm Name, Address and Telephone Number. If you are representing
yourself, provide same.)Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in one box only.)III. CITIZENSHIP OF PRINCIPAL P
