C.D. Cal. L.R. 16-4.1

The Memorandum shall contain:

(a) A summary statement of the claims Plaintiff has pleaded and

plans to pursue. For example:

Claim 1: Defendant A breached his contract with Plaintiff;

Claim 2: Defendant A violated the Americans with Disabilities

Act, 42 U.S.C. § 12101 et seq.

(b) The elements required to establish Plaintiff’s claims. The

elements shall be listed separately for each claim, as found in

standard jury instructions or case law. For example:

Elements Required to Establish Plaintiff’s Claim for Violation

of the Americans with Disabilities Act

1. Plaintiff has a disability within the meaning of the

Americans with Disabilities Act;

2. Plaintiff was a qualified individual; and

3. Plaintiff’s disability was a motivating factor in the

decision not to hire Plaintiff.

See Ninth Circuit Manual of Model Civil Jury Instructions §

12.1C (2007).

(c) In Plaintiff’s Memorandum, a brief description of the key

evidence in support of each of the claims. In Defendant’s

Memorandum, a brief description of the key evidence in

opposition to each of the claims. The evidence should be listed

separately for each claim.

(d) A summary statement of the counterclaims and affirmative

defenses Defendant has pleaded and plans to pursue. For

example:

Counterclaim 1: Plaintiff conspired with Third Party Defendant

C to violate the Sherman Antitrust Act, 15 U.S.C. § 1;

Counterclaim 2: Plaintiff breached his fiduciary duty to

Defendant.

First Affirmative Defense: Plaintiff’s claim for breach of

contract is barred by the four-year statute of limitations found

in Cal. Civ. Proc. Code § 337.

Second Affirmative Defense: Under the doctrine of res

judicata, Plaintiff’s Complaint is barred by the final judgment

entered in Plaintiff v. Smith, Los Angeles Superior Court Case

No. 123456 (Judgment entered February 10, 1998).

Third Affirmative Defense: Defendant’s decision not to hire

Plaintiff was justified by business necessity.

(e) The elements required to establish Defendant’s counterclaims

and affirmative defenses. The elements shall be listed

separately for each claim, as found, for example, in standard

jury instructions or case law. For example:

Elements Required to Establish Defendant’s Affirmative

Defense of Business Necessity

1. The criterion by which the hiring decision was made was

uniformly applied;

2. The criterion by which the hiring decision was made is

job-related;

3. The criterion by which the hiring decision was made is

consistent with business necessity;

4. The criterion cannot be met by a person with Plaintiff’s

disability, even with a reasonable accommodation.

See Ninth Circuit Manual of Model Civil Jury Instructions §

12.11 (2007).

(f) In Defendant’s Memorandum, a brief description of the key

evidence relied on in support of each counterclaim and

affirmative defense. In Plaintiff’s Memorandum, a brief

description of the key evidence relied on in opposition to each

counterclaim and affirmative defense. The evidence should be

listed separately for each element of each counterclaim and

affirmative defense.

(g) Similar statements for all third parties.

(h) Identification of any anticipated evidentiary issues, together

with the party’s position on those issues; and

(i) Identification of any issues of law, such as the proper

interpretation of a governing statute, which are germane to the

case, together with the party’s position on those issues.