André Birotte Jr.

How Judge Birotte rules, drawn from 17 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Central District of California
Position
District judge
Appointed by
Barack Obama (Democratic)
Commissioned
August 8, 2014
Education
Tufts University (B.S., psychology, 1987); Pepperdine University School of Law (J.D., 1991)
Signed orders read
17

About Judge Birotte

Andre Birotte, Jr. is a judge of the United States District Court for the Central District of California. Appointed by President Barack Obama, Judge Birotte received a commission on August 8, 2014.

Judge Birotte's practices and standing orders

Rules for cases before Judge Birotte, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Motions

A notice of motion must prominently state compliance with the meet-and-confer requirement.

“Local Rule 7-3: The Court strictly enforces Local Rule 7-3’s meet and confer requirement. A Notice of Motion must include a statement of compliance with Local Rule 7-3. The statement of compliance must be prominent, as the Court will not search a filing for the statement. The Court may strike or outright deny a motion that lacks a prominent statement of compliance with Local Rule 7-3, or if counsel fail to meet and confer in good faith.”

Motions

File an opposition to an ex parte or temporary restraining order application within 48 hours after service.

“48 Hours to Oppose an Ex Parte or TRO Application: Any opposition must be filed within 48 hours (2 court days) after service.”

Trial

Each party or affiliated group is generally limited to five motions in limine, subject to the stated exclusions.

“Motions in Limine: The Court limits the number of in limine motions which a party or group of affiliated parties may file to five, not including (1) any motion in limine that seeks an exclusionary sanction under Fed. R. Civ. P. 37(c)(1), and (2) any motion in limine under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 597 (1993), to exclude or limit expert testimony.”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Birotte decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In the reviewed disability-access case, he treated practical access to municipal parallel parking as the relevant public program and found a nearby disabled space to be a reasonable modification that imposed neither an undue burden nor a fundamental alteration.

“Installing a blue curb parking space in front of Plaintiffs apartment building is a reasonable modification that would provide her access to the City’s parking program, and it would neither impose an undue burden on the City nor require the City to alter its existing program.”

In the reviewed copyright injunction, he gave little weight to financial harm arising from activity found likely to infringe and found that authorized filtering alternatives preserved the public's interest in filtered viewing.

“An injunction in this case would not prevent VidAngel or any other company from providing a filtering service similar to ClearPlay’s”

In the reviewed ERISA bench judgment, he reinstated disability benefits after finding that the employability analysis and the full record did not support sustained full-time work within the claimant's restrictions.

“The Court is not convinced that Plaintiff can work any of the positions cited in the CorVel report and finds that the evidence within the AR is insufficient to support the termination of Plaintiffs benefits.”

In the reviewed employment remand, allegations that local managers exercised policy discretion sufficed at the fraudulent-joinder stage even though the court questioned whether the existing pleading would survive a dismissal motion.

“These statements are sufficient to meet Plaintiff’s low burden.”

Procedural preferences

Resolves the named plaintiffs' claims at summary judgment and denies class certification as moot where the individual claims fail.

“the Court GRANTS Stein Mart's Motion for Summary Judgment and DENIES Plaintiffs' Motion for Class Certification.”

Declines to dispose of wage-statement claims on a Rule 12(c) motion for judgment on the pleadings.

“For the following reasons, the Court DENIES the Motion.”

In the reviewed patent pleading, he refused to require the plaintiff to anticipate and plead around a fact-dependent invalidity defense, and declined to draw defendant-favoring inferences from prosecution-history materials.

“Plaintiff is not required to anticipate each fact-based defense Dadco might assert and plead facts to refute that defense.”

In the reviewed officer-shooting pleading, he separated dismissed claims and unavailable damages allegations from potentially curable defects, allowing fourteen days for another amended complaint.

“Plaintiffs may attempt to cure the deficiencies outlined above by filing a third amended complaint within fourteen (14) days of this Order.”

In the reviewed hotel-wage injunction dispute, failure to establish likely success on the labor-preemption theory ended the preliminary-injunction analysis despite extensive policy arguments.

“Because Plaintiffs have not shown any likelihood of success on the merits, they cannot make the necessary showing of irreparable Harm.”

Cautions

Retains federal jurisdiction over a removed case, denying remand after a fraudulent-joinder and diversity analysis.

“For the following reasons, the Court DENIES Plaintiffs' Motion to Remand.”

Requires medical-device product-liability pleadings to identify a specific parallel regulatory violation and a causal link; conclusory references to federal requirements did not avoid preemption.

“Plaintiffs have not asserted a parallel claim capable of surviving preemption.”

In the reviewed vehicle-warranty remand, the defendant’s unexplained shift between two purchase-price estimates weakened its amount-in-controversy showing.

“Defendant does not explain this discrepancy”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Moroccanoil, Inc. v. Groupon, Inc.
2:16-cv-AB · 2017-10-05
Summary judgment (plaintiff) Granted in part

“the Court. GRANTS in part and DENIES in part Moroccanoil’s Motion, and DENIES Groupon’s Motion.”

Summary judgment (defendant) Denied
Sperling v. Stein Mart, Inc.
2:15-cv-AB · 2018-02-23
Summary judgment (defendant) Granted

“the Court GRANTS Stein Mart's Motion for Summary Judgment and DENIES Plaintiffs' Motion for Class Certification.”

Class certification (plaintiff) Denied
Dechow v. Gilead Sciences, Inc.
2:18-cv-AB · 2019-02-08
Motions to remand (plaintiff) Denied

“For the following reasons, the Court DENIES Plaintiffs' Motion to Remand.”

Mays v. Wal-Mart Stores, Inc.
2:18-cv-AB · 2019-01-29
Judgment on pleadings (defendant) Denied

“For the following reasons, the Court DENIES the Motion.”

Disney Enterprises, Inc. v. VidAngel, Inc.
2:16-cv-AB · 2019-03-06
Summary judgment (plaintiff) Granted

“Before the Court is a Motion for Summary Judgment on Liability ... For the following reasons, the Motion is GRANTED.”

Vieira v. Mentor Worldwide, LLC
2:19-cv-04939 · 2019-08-01
Motions to remand (plaintiff) Denied

“For the foregoing reasons, Plaintiffs' Motion to Remand is DENIED .”

Motions to dismiss (defendant) Granted

“Defendant Mentor Worldwide's Motion to Dismiss is GRANTED as to each of Plaintiffs' claims.”

Bledsoe v. Metropolitan Life Insurance
ED CV 13-02270-AB (SPx) · 2015-02-03

After a bench trial on the administrative record, the court found that the evidence did not support termination of the claimant's long-term disability benefits and ordered the benefits reinstated. The earlier summary-judgment papers had been converted to trial briefs, so no party motion is classified.

American Hotel & Lodging Ass'n v. City of Los Angeles
CV 14-09603-AB (SSx) · 2015-05-13
Preliminary injunction (plaintiff) Denied

“ORDER DENYING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION; ORDER DENYING DEFENDANT’S MOTION TO STRIKE”

Motions to strike (defendant) Denied
Bassilios v. City of Torrance
CV 14-03059-AB (JEMx) · 2015-12-04
Summary judgment (plaintiff) Granted

“Accordingly, Plaintiffs motion for partial summary judgment (Dkt. No. 41) is GRANTED as to the City’s liability under Plaintiffs First, Second, and Third Claims for relief.”

Summary judgment (defendant) Denied

“The City’s motion for summary judgment is DENIED.”

Request for judicial notice (both parties) Granted

“The Court also GRANTS both parties’ unopposed Requests for Judicial Notice.”

Disney Enterprises, Inc. v. VidAngel, Inc.
2:16-cv-04109-AB (PLAx) · 2016-12-12
Preliminary injunction (plaintiff) Granted

“Upon consideration of the parties’ arguments, papers and the case file, the court hereby GRANTS the motion for preliminary injunction.”

Colt Int'l Clothing Inc. v. Quasar Sci., LLC
2:17-cv-07325-AB (JEMx) · 2018-04-03
Motions to dismiss (defendant) Denied

“For the foregoing reasons, the Court DENIES Dadco's motion to dismiss.”

Request for judicial notice (defendant) Granted in part

“The Court therefore GRANTS the request to the extent necessary to resolve the issues presented in Dadco's motion to dismiss.”

Herd v. Cnty. of San Bernardino
CV 17-02545-AB (SPx) · 2018-04-27
Motion for more definite statement (defendant) Denied

“For the foregoing reasons, Defendants' Request for a More Definite Statement is DENIED .”

Motions to dismiss (defendant) Granted in part

“Defendants' Motion to Dismiss and/or Strike Portions of Plaintiffs' SAC is GRANTED in part and DENIED in part .”

Motions to strike (defendant) Granted in part

“References to wrongful death damages are STRICKEN from paragraphs 43 and 61, and references to decedent's pain and suffering are STRICKEN from paragraphs 112, 127, and 145.”

Caseload & timing

From public federal docket records for this judge.

His 2026 holdings include immigration-detention habeas petitions and other civil matters. Earlier filed cases include patent, insurance, consumer-class, and products-liability litigation. The duration figures are limited to two terminated contested civil matters.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months15
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months1
Social Security appeals pending more than six months0
Civil cases pending more than three years165
ReportMotions over six monthsCases over three years
Mar 202615165
Sep 202515170
Mar 202525138
Sep 202413142
Mar 202415142
Sep 20239148
Mar 20234177
Sep 20225173
Mar 202211178
Sep 20219189
Mar 20219109
Sep 2020625

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Central District of California, not for Judge Birotte: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed15,1903.9 months
Closed with no court action4,4143.1 months
Closed before pretrial10,5384.3 months
Closed during or after pretrial10317.9 months
Closed during trial13525.7 months
12 months endingCases closedMedian time
Sep 202515,1903.9 months
Sep 202415,3483.9 months
Sep 202313,5834.4 months
Sep 202212,8874.7 months
Sep 202114,2134.7 months
Sep 202014,2055 months
Sep 201913,4784.9 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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