Judge Mark C. Scarsi

Continuance and extension requests must be electronically filed with a proposed order and supporting declaration.

Counsel requesting a continuance must electronically file any application or stipulation with a proposed order and a detailed declaration of counsel providing the grounds for the requested continuance or extension of time.

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Page 3 | Continuances or Extensions of Time

Proposed orders for evidentiary objections may be filed via CM/ECF or emailed to the provided chambers email address.

A proposed order shall be filed and attached to the evidentiary objections as a separate document consistent with Local Rule 52-4.1 and either uploaded through the CM/ECF system or emailed directly to mcs_chambers@cacd.uscourts.gov.

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Page 12 | Objections to Evidence

Pro se parties are permitted to file documents by email if they meet specified requirements.

However, the Court will also permit self-represented parties to present all documents to the Clerk for filing by email so long as they comply with the following requirements:

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Page 17 | Pro Se/Self-Represented Parties

Pro se parties may file all documents in paper format per Local Rule 5-4.2.

Pro se/self-represented parties may continue to present all documents to the Clerk for filing in paper format pursuant to Local Rule 5-4.2.

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Page 17 | Pro Se/Self-Represented Parties

Rule 56 (summary judgment) motions must be due at least 5 weeks before the hearing.

Last Date to Hear Motions • Rule 56 Motion due at least 5 weeks before hearing

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Page 3 | Schedule of Pretrial and Trial Dates

Discovery may not be taken after the cut-offs even by agreement, and discovery obtained out of time may be barred from use by court order.

Discovery may not be taken after the respective cut-offs, even by mutual agreement of the parties. Failure to comply will result in an order preventing the parties from using any discovery obtained out of time.

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Page 4 | B. Discovery Cut-Off and Discovery Disputes

All motions must be noticed for hearing on or before their respective schedule deadlines.

All motions must be noticed to be heard on or before their respective deadlines.

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Page 4 | Schedule of Pretrial and Trial Dates

Discovery cut-off dates are deadlines for completing all discovery, including hearings on related motions, not merely for serving requests.

The cut-off dates for non-expert and expert discovery are not the dates by which discovery requests must be served; they are the dates by which all discovery, including all hearings on any related motions, must be completed.

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Page 4 | B. Discovery Cut-Off and Discovery Disputes

The Joint Report on settlement discussions is due within 7 days after the settlement conference.

Counsel shall file a Joint Report regarding the outcome of settlement discussions, the likelihood of possible further discussions, and any help the Court may provide with regard to settlement negotiations, by 7 days after the settlement conference.

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Page 5 | D. Settlement Conference/Alternative Dispute Resolution Procedures

Motions challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date so responses can be obtained before that date if granted.

Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.

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Page 5 | B. Discovery Cut-Off and Discovery Disputes

The Proposed Final Pretrial Conference Order must be filed 14 days (2 weeks) before the Final Pretrial Conference.

The parties must file a Proposed Final Pretrial Conference Order ("Proposed FPTCO") 2 weeks (14 days) before the FPTC. The parties must adhere to this deadline so chambers can prepare.

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Page 6 | E. Final Pretrial Conference/Proposed Final Pretrial Conference Order

Motions in limine, memoranda of contentions of fact and law, witness lists, the joint exhibit list, the joint status report regarding settlement, proposed findings of fact and conclusions of law (court trial only), and declarations containing direct testimony (court trial only) must be filed at least 21 days before the Final Pretrial Conference.

At least 3 weeks (21 days) before the Final Pretrial Conference: • Motions in Limine • Memoranda of Contentions of Fact and Law • Witness Lists • Joint Exhibit List • Joint Status Report Regarding Settlement • Proposed Findings of Fact and Conclusions of Law (court trial only) • Declarations containing Direct Testimony (court trial only)

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Page 7 | A. Schedule for Filing Pretrial Documents for Jury and Court Trials

Oppositions to motions in limine, proposed jury instructions, verdict forms, statement of the case, and voir dire questions (jury trial only), and evidentiary objections to declarations of direct testimony (court trial only) must be filed at least 14 days before the Final Pretrial Conference.

At least 2 weeks (14 days) before the Final Pretrial Conference: • Oppositions to Motions in Limine • Joint/Agreed Proposed Jury Instructions (jury trial only) • Disputed Proposed Jury Instructions (jury trial only) • Joint Proposed Verdict Forms (jury trial only) • Joint Statement of the Case (jury trial only) • Proposed Additional Voir Dire Questions, if any (jury trial only) • Evidentiary Objections to Declarations of Direct Testimony (court trial only)

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Page 7 | A. Schedule for Filing Pretrial Documents for Jury and Court Trials

Amended witness lists must be filed by 12:00 p.m. (noon) on the Friday before trial.

Any Amended Witness List must be filed by 12:00 p.m. (noon) the Friday before trial.

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Page 8 | 2. Witness Lists

Jury instructions must be filed no later than 2 weeks (14 days) before the Final Pretrial Conference.

Jury instructions must be filed no later than 2 weeks (14 days) prior to the FPTC.

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Page 9 | 4. Jury Instructions (jury trial only)

The Joint Exhibit List must be filed 3 weeks (21 days) before the Final Pretrial Conference.

The Joint Exhibit List must be filed 3 weeks (21 days) before the FPTC.

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Page 9 | A. Schedule for Filing Pretrial Documents for Jury and Court Trials

Any Amended Joint Exhibit List must be filed by 12:00 p.m. (noon) on the Friday before trial.

Any Amended Joint Exhibit List must be filed by 12:00 p.m. (noon) the Friday before trial.

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Page 9 | A. Schedule for Filing Pretrial Documents for Jury and Court Trials

Parties must attempt to agree on a verdict form before submitting proposals, and counsel must file proposed verdict form(s) no later than 14 days before the FPTC.

The parties shall make every attempt to agree upon a verdict form before submitting proposals to the Court. Counsel shall file a proposed verdict form(s) no later than 2 weeks (14 days) before the FPTC.

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Page 11 | 5. Joint Verdict Forms (jury trial only)

A Joint Statement of the Case must be filed by 14 days before the FPTC for the Court to read to prospective jurors before voir dire.

By 2 weeks (14 days) before the FPTC, counsel must file a Joint Statement of the Case for the Court to read to the panel of prospective jurors before commencement of voir dire.

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Page 11 | 6. Joint Statement of the Case (jury trial only)

Unless relieved by motion, each party must file declarations containing the direct testimony of each trial witness at least 21 days before the FPTC.

Unless relieved from this requirement upon a party's motion, each party shall, at least 3 weeks (21 days) before the FPTC, file declarations containing the direct testimony of each witness whom that party intends to call at trial.

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Page 12 | 9. Declarations for Direct Testimony (court trial only)

Evidentiary objections to other parties' declarations must be filed by 14 days before the FPTC.

Each party shall file any evidentiary objections to the declarations(s) submitted by any other party by 2 weeks (14 days) before the FPTC.

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Page 12 | 9. Declarations for Direct Testimony (court trial only)

Each party must file and serve Proposed Findings of Fact and Conclusions of Law in Local Rule 52-3 format no later than 21 days before the FPTC in court trials requiring findings.

For any trial requiring findings of fact and conclusions of law, counsel for each party shall, no later than 3 weeks (21 days) before the FPTC, file and serve on opposing counsel its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

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Page 12 | 8. Proposed Findings of Fact and Conclusions of Law (court trial only)

Counsel may, but are not required to, file proposed case-specific voir dire questions by 14 days before the FPTC.

By 2 weeks (14 days) before the FPTC, counsel may, but are not required to, file proposed case-specific voir dire questions for the Court's consideration.

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Page 11 | 7. Voir Dire (jury trial only)

Parties must confer on a discovery plan by 21 days before the Scheduling Conference.

to confer on a discovery plan by 21 days before the Scheduling Conference

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The Joint Rule 26(f) Report must be filed by 14 days before the Scheduling Conference.

The Joint Rule 26(f) Report must be filed by 14 days before the Scheduling Conference.

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Page 2 | I. Joint Rule 26(f) Report

Deadline to file a motion for class certification must be set no later than 4 months from the Scheduling Conference.

Set no later than 4 months from the Scheduling Conference

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Page 9 | SCHEDULE OF CLASS CERTIFICATION DATES WORKSHEET

Hearing date on the motion for class certification must be set no later than 3 weeks from the filing of the reply.

Set no later than 3 weeks from the filing of the Reply

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Page 9 | SCHEDULE OF CLASS CERTIFICATION DATES WORKSHEET

Proposed Findings of Fact and Conclusions of Law must be served on opposing counsel when filed (no later than 21 days before the FPTC).

For any trial requiring findings of fact and conclusions of law, counsel for each party shall, no later than 3 weeks (21 days) before the FPTC, file and serve on opposing counsel its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

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Page 12 | 8. Proposed Findings of Fact and Conclusions of Law (court trial only)

Defendants must timely serve and file their responsive pleadings and file proofs of service within three days.

Defendants also shall timely serve and file their responsive pleadings, and within three days thereafter, file proofs of service.

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Page 1

Plaintiff must serve the operative complaint on all defendants promptly and file proofs of service within three days.

If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly shall do so and shall file proofs of service within three days thereafter.

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Plaintiff must serve complaint per FRCP 4 and file proof of service per Local Rule 4(l).

The plaintiff shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proof of service pursuant to Local Rule 4(l).

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Page 1 | Service of the Complaint

Summons and complaint must be served within 90 days per FRCP 4(m).

Rule 4(m) requires the summons and complaint to be served within 90 days.

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Page 1 | Service of the Complaint

Counsel must provide advance notice of ex parte application by telephone and email to all other parties.

Counsel for the applicant must provide advance notice of the application by telephone and email to all other parties.

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Page 2 | Ex Parte Applications

Ex parte applications must be served via facsimile, email, or personal service, regardless of electronic service under Local Rule 5-3.2.1.

The applicant must serve the application by facsimile, email, or personal service, even if electronic service is effected under Local Rule 5-3.2.1.

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Page 3 | Ex Parte Applications

Ex parte applications requesting extension of the 90-day service period for fictitiously named defendants must be served on all appearing parties.

The ex parte application shall be served upon all appearing parties

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Page 5 | Status of Fictitiously Named Defendants

Plaintiffs must ascertain the identity of and serve fictitiously named defendants within 90 calendar days of the action's removal to this Court.

Plaintiff is expected to ascertain the identity of, and serve, any fictitiously named defendant, within 90 days of the removal of the action to this Court.

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Page 5 | Status of Fictitiously Named Defendants

Evidentiary objections must be served and filed in writing at the same time as, but separately from, opposition or reply papers.

Evidentiary objections to a declaration submitted in connection with a motion or other matter shall be made in writing and served and filed at the same time as, but separately from, the opposition or reply papers.

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Page 12 | Objections to Evidence

Electronically filed documents must be served by mail the same day on parties not consenting to electronic service, with proof of service filed within 24 hours.

Any document that is electronically filed shall be served by mail that same day on any party or attorney who is not permitted or has not consented to electronic service, with a proof of service to be filed within 24 hours.

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Page 18 | Notice of This Order/Electronically Filed Documents

Removing defendants in removed cases must serve this order on all other parties.

If this case was removed from state court, the removing defendant(s) shall serve this Order on all other parties.

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Page 18 | Notice of This Order/Electronically Filed Documents

Plaintiffs in court-initiated cases must immediately serve this order on all parties.

If this case was initiated in this Court, plaintiff(s) shall immediately serve this Order on all parties, including any new parties to the action.

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Page 18 | Notice of This Order/Electronically Filed Documents

Proofs of service must be filed within three days of serving the complaint or responsive pleadings.

If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly shall do so and shall file proofs of service within three days thereafter. Defendants also shall timely serve and file their responsive pleadings, and within three days thereafter, file proofs of service.

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Page 1 | ORDER SETTING SCHEDULING CONFERENCE

Counsel must email all pretrial documents (including amended versions) to chambers at MCS_Chambers@cacd.uscourts.gov, except motions in limine, oppositions, the Joint Status Report Regarding Settlement, and declarations containing direct testimony.

Except for motions in limine, oppositions, the Joint Status Report Regarding Settlement, and Declarations containing direct testimony, Counsel shall email all of the below pretrial documents, including any amended documents, in Microsoft Word format to MCS_Chambers@cacd.uscourts.gov.

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Page 7 | A. Schedule for Filing Pretrial Documents for Jury and Court Trials

Copies of the compiled interrogatory/requests-for-admission answers document should be given to the Court and opposing counsel.

Copies of this new document should be given to the Court and opposing counsel.

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Page 18 | H. Using Numerous Answers to Interrogatories and Requests for Admission

At trial, counsel must provide three copies of the witness lists, jury instructions, verdict form, exhibit list, proposed voir dire questions, and statement of the case to the Courtroom Deputy Clerk.

At the time of trial, counsel shall provide to the Courtroom Deputy Clerk three (3) copies of: (i) the witness list in the order in which the witnesses will be called to testify; (ii) the witness list in alphabetical order; (iii) a final set of jury instructions; (iv) a final version of the verdict form; (v) the exhibit list; (vi) proposed voir dire questions; and (vii) a statement of the case, if applicable.

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Page 13

Three courtesy copies of trial documents required at trial.

At the time of trial, counsel shall provide to the Courtroom Deputy Clerk three (3) copies of: (i) the witness list in the order in which the witnesses will be called to testify; (ii) the witness list in alphabetical order; (iii) a final set of jury instructions; (iv) a final version of the verdict form; (v) the exhibit list; (vi) proposed voir dire questions; and (vii) a statement of the case, if applicable.

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Page 13 | Courtesy Copies

Mandatory chambers copies required for initial pleadings, motion papers, and trial documents.

Mandatory chambers copies are to be submitted pursuant to Local Civil Rule 5-4.5. The Court requires copies of only: (i) initial pleadings (information, indictment, superseding information or indictment); (ii) motion papers (motions, oppositions, replies, non-oppositions, and any related document); (iii) trial documents (joint statement of the case, proposed voir dire, jury instructions, verdict form, joint exhibit list).

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Paper chambers copy must be delivered to courtesy box by noon.

A non-blue backed, tabbed (if appropriate) mandatory paper chambers’ copy of the document(s) as listed above (together in one envelope) must be delivered to this Court’s courtesy box, located on the fourth floor of the First Street Courthouse, by noon.

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Courtesy copies required for joint statement of the case.

The parties shall deliver a courtesy copy pursuant to Local Civil Rule 5-4.5.

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Paper chambers copy must be delivered to courtesy box by noon on court day after submission.

A non-blue backed, tabbed (if appropriate) mandatory paper chambers’ copy of the documents listed above (all in one envelope) must be delivered to this Court’s courtesy box, located on the fourth floor of the First Street Courthouse, by noon on the court day after submission.

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Mandatory chambers copies must be delivered to Clerk’s Office by 12:00 p.m. next court day.

agreements; and (v) sentencing position papers. Mandatory chambers copies must be delivered to the Clerk’s Office, located on the fourth floor of the First Street Courthouse, no later than 12:00 p.m. on the court day following the filing of the document.

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Courtesy copies required for disputed jury instructions.

The parties shall deliver a courtesy copy of these documents pursuant to Local Civil Rule 5-4.5.

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Chambers copies not required; paper copies will be refused or destroyed.

Chambers copies are not required. Unless subject to Local Rule 5-4.2, paper copies of any documents delivered to the Court will be refused or destroyed, and not considered.

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Motion opponent has no obligation to deliver courtesy copies.

The motion opponent has no obligation to deliver courtesy copies; instead, the

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Page 8 | Mandatory Chambers Copies

Movant must deliver 2 double-sided copies of complete motion brief set by noon the day after last brief filing deadline, collated and stapled; opponent has no courtesy copy obligation.

By noon on the day after the last day a brief is authorized to be filed, the movant shall deliver two copies of the complete set of motion briefs printed double-sided from CM/ECF in the manner specified in Local Rule 5-4.5, collated in order of filing (e.g., motion-opposition-reply-etc.), and bound together by staple. The motion opponent has no obligation to deliver courtesy copies

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Page 8 | Mandatory Chambers Copies

Mandatory chambers copies required only for motion briefs (opening, opposition, reply, supplemental/surreplies), not for declarations or evidence.

The Court requires mandatory chambers copies only of memoranda of points and authorities authorized to be submitted in connection with motion practice (i.e., the opening memorandum, the opposition, the reply, and any authorized supplemental briefs or surreplies). No copies of other motion-related documents (e.g., declarations and documentary evidence) shall be delivered unless ordered by the Court.

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Page 8 | Mandatory Chambers Copies

Chambers copies required only for motion briefs (opening, opposition, reply, supplemental); no copies of declarations/evidence unless ordered.

The Court requires mandatory chambers copies only of memoranda of points and authorities authorized to be submitted in connection with motion practice (i.e., the opening memorandum, the opposition, the reply, and any authorized supplemental briefs or surreplies). No copies of other motion-related documents (e.g., declarations and documentary evidence) shall be delivered unless ordered by the Court.

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Page 8 | Mandatory Chambers Copies

Chambers copies: 2 double-sided copies, collated by filing order, stapled, due by noon next day after last brief filing.

By noon on the day after the last day a brief is authorized to be filed, the movant shall deliver two copies of the complete set of motion briefs printed double-sided from CM/ECF in the manner specified in Local Rule 5-4.5, collated in order of filing (e.g., motion-opposition-reply-etc.), and bound together by staple.

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Page 8 | Mandatory Chambers Copies

Class settlement attorney fee table must be emailed to chambers in editable Excel format.

A copy of the table shall be emailed to mcs_chambers@cacd.uscourts.gov in Microsoft Excel format and have all restrictions removed so that the spreadsheet can be edited.

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Page 14 | Motions for Preliminary and Final Approval of Class Action Settlement

Chambers copies are not required; unsolicited paper copies will be refused or destroyed.

Chambers copies are not required. Unless subject to Local Rule 5-4, paper copies of any documents delivered to the Court will be refused or destroyed and not considered.

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Page 8 | Chambers Copies

Under seal filings must comply with Local Criminal Rule 49-1 and justify confidentiality over public access.

Counsel shall comply with Local Criminal Rule 49-1 with respect to serving and filing criminal documents under seal. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

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Applications to file under seal must comply with Local Rule 79-5 and justify confidentiality.

Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

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Redacted/omitted information must be highlighted or bracketed in granted seal documents.

Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets.

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Meet and confer required at least 7 days before filing sealing application.

Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

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Confidential/privileged information in provisional seal documents must be highlighted or bracketed.

Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

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Redacted documents must have "Redacted" as first word in title.

The title shall include “Redacted” as the first word of the title of the document.

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Redacted version must be filed as separate docket entry if sealing granted.

ii. The redacted version of the entire document as its own docket entry.

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Non-proposing party must confirm position within 2 days after meet and confer.

Not later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

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Unredacted documents must be filed provisionally under seal.

The unredacted version of all documents sought to be sealed shall be filed provisionally under seal.

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If sealing granted, unredacted document must be filed as separate docket entry.

If the application is granted, counsel shall file: i. The unredacted version of the entire document as its own docket entry.

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Provisional seal documents must have "Unredacted" or "Sealed" as first word in title.

The title shall include “Unredacted” or “Sealed” as the first word of the title of the document.

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Confidential/privileged information must be blacked out or document marked as fully sealed.

Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.

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Non-proposing party must confirm agreement or opposition within 2 days after meet and confer.

No later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

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Page 14 | Under Seal Documents

Meet and confer required 7 days before filing under seal applications.

Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing.

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Page 14 | Under Seal Documents

Under seal applications must justify confidentiality over public access.

Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding.

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Page 14 | Under Seal Documents

Under seal applications must include meet and confer dates/method or will be denied.

Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied.

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Page 14 | Under Seal Documents

Sealing applications must provide reasons why confidentiality outweighs public access.

Counsel shall comply with Local Rule 79-5. All applications must provide the reason(s) why the parties' interest in maintaining the confidentiality of the document(s) outweighs the public's right of access to materials submitted in connection with a judicial proceeding.

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Page 14 | Under Seal Documents

If sealing application granted, unredacted version must be filed as separate docket entry with "Unredacted" or "Sealed" in title and confidential information highlighted.

The Court will review the submitted documents and determine whether the documents can be sealed. If the application is granted, counsel shall file: i. The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting

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Page 15 | Filing Applications for Leave to File Under Seal

Unredacted documents to be sealed must be filed provisionally under seal.

The unredacted version of all documents sought to be sealed shall be filed provisionally under seal. The documents may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, the documents should be filed separately under provisional seal.

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Page 15 | Filing Applications for Leave to File Under Seal

Confidential information in sealed documents must be highlighted or bracketed.

Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

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Page 15 | Filing Applications for Leave to File Under Seal

Supporting declarations must be filed under seal as separate docket entries if they contain confidential information.

Any declaration that supports the application shall also be attached to the application unless it contains confidential information. The declaration shall be filed under seal as its own docket entry if it contains confidential information.

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Page 15 | Filing Applications for Leave to File Under Seal

Unredacted documents sought to be sealed must be filed provisionally under seal with specific titling and highlighting requirements.

The unredacted version of all documents sought to be sealed shall be filed provisionally under seal. The documents may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, the documents should be filed separately under provisional seal. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any provisionally sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets.

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Page 15 | Filing Applications for Leave to File Under Seal

Provisional sealed documents must have "Unredacted" or "Sealed" in title.

The title shall include "Unredacted" or "Sealed" as the first word of the title of the document.

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Page 15 | Filing Applications for Leave to File Under Seal

All motions in limine must be combined and presented in a single omnibus memorandum of points and authorities, and oppositions to motions in limine must also be presented in one omnibus memorandum.

All motions in limine must be set for hearing at the FPTC and presented in one omnibus memorandum of points and authorities that may not exceed 7,000 words. Oppositions to motions in limine also must be presented in one omnibus memorandum that may not exceed 7,000 words.

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Page 8 | 1. Motions In Limine

Related materials filed together must be considered as single document for sealing purposes.

Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments.

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Related materials with mixed sealing status must be filed as single docket entry with multiple attachments.

Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments.

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Page 16 | Filing Applications for Leave to File Under Seal

Initiating pleadings must be filed as separate documents and may not be combined with answers.

Counsel shall comply with Local Rule 3 when filing initial pleadings. All initiating pleadings, including third-party complaints, amended complaints, complaints in intervention, counterclaims, and crossclaims, shall be filed as a separate document. None shall be combined with an answer.

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Page 15 | 12. Initial Pleadings

Closely related materials with mixed sealed/unsealed status must be bundled into a single docket entry with separate sealed and redacted entries.

Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments. For example, if certain exhibits to a declaration are to be filed under seal, even if other exhibits or the declaration are not, the entire document for which permission to seal should be sought is the declaration and all exhibits. The docket shall therefore include: (1) One unredacted, sealed docket entry containing the declaration with all exhibits, including sealed exhibits, filed as an attachment to the declaration; and (2) a separate, redacted docket entry containing the declaration with all exhibits, including redacted exhibits, filed as an attachment to the declaration.

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Page 15 | Sealing Procedures

Parties must meet and confer under Local Rule 7-3 before filing any motion, and this requirement extends to any other request for relief except those identified in Local Rules 7-3 and 16-12.

The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12).

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Page 5 | C. Law and Motion and Local Rule 7-3

Counsel must meet and confer before filing a motion in limine to determine whether the disputed evidence will be introduced and to attempt to resolve the issue without a motion.

Before filing a motion in limine, counsel must meet and confer to determine whether opposing counsel intends to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.

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Page 8 | 1. Motions In Limine

Counsel must meet and confer on jury instructions per a set schedule: exchange proposals 28 days before the FPTC, exchange objections 21 days before, and meet and confer toward one agreed set until 14 days before.

The parties shall make every attempt to agree upon jury instructions before submitting proposals to the Court. The Court expects counsel to agree on the substantial majority of jury instructions, particularly when pattern or model instructions provide a statement of applicable law. The parties shall meet and confer on jury instructions according to the following schedule: • 4 weeks (28 days) before FPTC: Counsel shall exchange proposed jury instructions (general and special) • 3 weeks (21 days) before FPTC: Counsel shall exchange any objections to the instructions • Until 2 weeks (14 days) before FPTC: Counsel shall meet and confer with the goal of reaching an agreement on one set of Joint/Agreed Jury Instructions.

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Page 9 | 4. Jury Instructions (jury trial only)

A planned motion to compel must generally be discussed with opposing counsel (meet and confer) at least six weeks before the discovery cut-off.

Given the requirements to meet and confer and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.

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Page 4 | B. Discovery Cut-Off and Discovery Disputes

Daubert motions in limine are generally heard at the Final Pretrial Conference unless Daubert issues are better resolved with summary judgment motion practice.

The Court generally considers Daubert motions in limine at the Final Pretrial Conference unless resolution of Daubert issues is appropriate in connection with summary judgment motion practice.

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Page 4 | B. Discovery Cut-Off and Discovery Disputes

Prefiling conference required before filing motions; declaration must state conference method.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution,” and to file a declaration confirming compliance. In addition to the requirements stated in Local Rule 7-3, the declaration must state whether the conference took place in person, by telephone, or via video conference.

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Motions set for hearing >70 days out: opposition due 21 days, reply due 35 days after filing.

Any motion that is filed and set for a hearing more than 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 21 days after the filing of the motion; and (ii) any reply must be filed no later than 35 days after the filing of the motion.

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Motions set for hearing within 35 days follow Local Rules 7-9 and 7-10; otherwise follow special schedule.

Any motion that is filed and set for a hearing to be held fewer than 35 days from the date of the filing of the motion shall be briefed pursuant to Local Rules 7-9 and 7-10. Otherwise, motions shall be briefed according to the following schedule:

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Page 7 | Prefiling Requirement to Meet and Confer

Prefiling conference required to discuss motion substance and potential resolution; must be in person, by phone, or videoconference.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference "to discuss thoroughly... the substance of the contemplated motion and any potential resolution." Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

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Page 7 | Prefiling Requirement to Meet and Confer

Motions set for hearing more than 70 days out: opposition due 21 days after filing, reply due 35 days after filing.

Any motion that is filed and set for a hearing more than 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 21 days after the filing of the motion; and (ii) any reply must be filed no later than 35 days after the filing of the motion.

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Page 7 | Briefing Schedule

Pre-filing meet and confer required before filing motions; must be in person, by telephone, or videoconference; written correspondence insufficient.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference "to discuss thoroughly... the substance of the contemplated motion and any potential resolution." Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

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Page 7 | Prefiling Requirement to Meet and Confer

Motions set for hearing 35-70 days out: opposition due 14 days after filing, reply due 21 days after filing.

Any motion that is filed and set for a hearing between 35 and 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 14 days after the filing of the motion; and (ii) any reply must be filed no later than 21 days after the filing of the motion.

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Page 7 | Briefing Schedule

Before filing a motion to substitute a fictitiously named defendant, plaintiff must seek consent of all defense counsel; if consent is denied, the motion must be filed on regular notice.

If plaintiff wants to substitute a defendant for one of the fictitiously named defendants, plaintiff shall first seek the consent of counsel for all defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff should file a motion on regular notice.

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Page 5 | Status of Fictitiously Named Defendants

Counsel must hold a prefiling conference and file a compliance declaration; pro se status does not exempt parties, noncompliance results in motion denial.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference "to discuss thoroughly... the substance of the contemplated motion and any potential resolution," and to file a declaration confirming compliance. In addition to the requirements stated in Local Rule 7-3, the declaration must state whether the conference took place in person, by telephone, or via video conference. Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference, including the prospective hearing date. The in propria persona status of one or more parties does not alter this requirement. Any motion that fails to comply with Local Rule 7-3 will be denied.

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Page 7 | Prefiling Requirement to Meet and Confer

Supplemental briefs and surreplies are prohibited without prior leave of court.

No supplemental brief or surreply shall be filed without prior leave of Court.

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Page 8 | Length and Format of Motion Papers

Counsel must meet and confer at least 7 days before filing sealing applications, with non-proposing party confirmation due within 2 days.

Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. No later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether not opposed, shall contain the dates and method by which the parties met and conferred.

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Page 13 | Under Seal Documents

Parties must meet and confer to resolve disputes before filing any motion or request for relief.

The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12).

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Parties should confer in good faith to avoid motions to dismiss when defects can be cured by amendment.

Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially where perceived defects in a complaint, answer, or counterclaim could be corrected by amendment. See Chang v. Chen, 80 F. 3d 1293, 1296 (9th Cir. 1996) (where a motion to dismiss is granted, a district court should provide leave to amend unless it is clear that the complaint could not be saved by any amendment). These principles require that plaintiff's counsel carefully evaluate defendant's contentions as to the deficiencies in the complaint. In most instances, the moving party should agree to any amendment that would cure the defect.

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Good faith conferences under Local Rule 7-3 can avoid many motions to dismiss or strike.

Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially where perceived defects in a complaint, answer, or...

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Counsel must give the Court advance notice when they anticipate that legal argument requiring research or briefing will be necessary.

If any counsel anticipate that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice.

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Page 19 | III. CONDUCT OF ATTORNEYS AND PARTIES

Counsel must notify the Courtroom Deputy at the day's adjournment of unforeseen legal issues and at the end of each trial day of issues requiring attention outside the jury's presence so the trial is not interrupted.

Counsel are directed to notify the CRD at the day's adjournment if an unexpected legal issue arises that could not have been foreseen and addressed in advance. Counsel must also advise the CRD at the end of each trial day of any issues that must be addressed outside the presence of the jury so that there is no interruption of the trial. THE COURT WILL NOT KEEP JURORS WAITING.

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Page 19 | III. CONDUCT OF ATTORNEYS AND PARTIES

The case schedule will not be extended merely because discovery is not completed.

The case schedule will not be extended merely because discovery is not completed.

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Page 4 | B. Discovery Cut-Off and Discovery Disputes

Voluminous exhibits require 48-hour advance notice to Space & Facilities; security pass required; no entry without pass.

Arrangements for bringing voluminous trial materials or exhibits into the Courtroom through the Building Vehicle Loading Dock, if required, may be made through the Space & Facilities Help Desk at (213) 894-1400. Before contacting Space & Facilities for a required security pass, prior approval of delivery time must be coordinated with the Courtroom Deputy Clerk. Once approval from the Clerk is received, logistical delivery information must be provided to Space & Facilities no later than 48 hours prior to the date of arrival to create and issue the required security pass. Counsel and messengers attempting to access the building parking and loading dock without a required pass will be denied entry.

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Page 12 | Exhibits

Continuance requests must be e-filed with proposed order and detailed grounds at least 7 days before scheduled date.

Counsel requesting a continuance must e-file any application or stipulation with a proposed order, which shall include a detailed explanation of the grounds for the requested continuance or other extension of time. The Court will not consider any request that does not comply with the Local Rules and this Order. Applications or stipulations extending dates become effective only if, and when, approved by this Court and an associated order is entered. Counsel shall submit requests for a continuance at least seven calendar days prior to the scheduled date.

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Schedule modification requests must be filed at least 7 days before the affected date.

counsel shall not submit requests for a schedule modification fewer than seven calendar days prior to the earliest date subject to the request.

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TRO/injunction applications will not be ruled on for at least 24 hours after service unless excused.

The Court will not rule on any application for such relief for at least 24 hours after the party subject to the requested order has been served unless service is excused.

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Fictitiously named defendants must be identified and served within 90 days of removal.

Plaintiff is expected to ascertain the identity of, and serve, any fictitiously named defendant within 90 days of the removal of the action to this Court.

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Deadlines within a week of continuance request are presumed to have no good cause for extension.

The Court presumes that there is no good cause to continue any deadline that will pass within a week of a continuance request or has already passed.

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Summary judgment motions must be filed at least 35 days before hearing.

A party moving for summary judgment must file the motion at least 35 days before the hearing.

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Plaintiff must serve complaint within 90 days and show good cause for extensions.

The plaintiff shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proof of service pursuant to Rule 4(l). Rule 4(m) requires the summons and complaint to be served within 90 days. The Court expects service to be completed as soon as reasonably practicable. The Court will require plaintiff to show good cause to extend the service deadline beyond 90 days.

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Requests not complying with Local Rules will be denied.

The Court will deny any request that fails to comply with the Local Rules and this Order.

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Oppositions to ex parte applications must be filed within 24 hours.

Oppositions to ex parte applications must be filed within 24 hours of the filing of the application, subject to Rule 6(a)(2).

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Form pleadings must be replaced with appropriate pleadings within 30 days of removal.

If an action is removed to this Court that contains a form pleading, i.e., a pleading in which boxes are checked, the party or parties utilizing the form pleading must file an appropriate pleading with this Court within 30 days of receipt of the Notice of Removal.

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Service deadline is 90 days unless plaintiff shows good cause for extension.

The Court expects service to be completed as soon as reasonably practicable. The Court will require plaintiff to show good cause to extend the service deadline beyond 90 days.

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Page 2 | Service of the Complaint

Continuance requests should be made at least 7 days in advance and must include a proposed order and detailed declaration providing grounds.

Counsel should avoid submitting requests for a continuance fewer than seven calendar days prior to the earliest date subject to request. The Court presumes that there is no good cause to continue any deadline that will pass within a week of a continuance request. Counsel requesting a continuance must electronically file any application or stipulation with a proposed order and a detailed declaration of counsel providing the grounds for the requested continuance or extension of time.

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Page 3 | Continuances or Extensions of Time

Motion for review of Magistrate Judge's order must be filed within 14 days.

Any party may file and serve a motion for review and reconsideration before this Court. See Fed. R. Civ. P. 72(a). The moving party must file and serve the motion within 14 days of service of a written ruling or within 14 days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling.

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Page 5 | Discovery

Oppositions to ex parte applications must be filed within 24 hours; non-opposition must be communicated promptly.

Oppositions to ex parte applications must be filed within 24 hours of the filing of the application, subject to Rule 6(a)(2). If an opposing party does not intend to oppose the ex parte application, counsel must inform the Courtroom Deputy Clerk by telephone or email as soon as possible.

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Summary judgment motions must be filed at least 35 days before the hearing.

A party moving for summary judgment must file the motion at least 35 days before the hearing.

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Continuance requests require good cause, must be filed 7+ days in advance with proposed order and declaration.

This Court is very committed to adhering to all scheduled dates. In general, this makes the judicial process more efficient and less costly. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed. Therefore, any request, whether by application or stipulation, to continue the date of any matter before this Court must be supported by good cause demonstrating why the change in the date is essential. Without such compelling factual support, requests to continue dates set by this Court will not be approved. Counsel requesting a continuance must electronically file any application or stipulation with a proposed order and a detailed declaration of counsel providing the grounds for the requested continuance or extension of time. The Court will deny any request that fails to comply with the Local Rules and this Order. Proposed stipulations extending scheduled dates become effective only if, and when, this Court approves the stipulation as presented to, or modified by, the Court. Counsel should avoid submitting requests for a continuance fewer than seven calendar days prior to the earliest date subject to request. The Court presumes that there is no good cause to continue any deadline that will pass within a week of a continuance request.

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Continuance requests for lead counsel absence must be made by Wednesday before hearing, show good cause, and limit continuance to one week.

A party whose lead counsel cannot appear at a hearing for good cause may request leave to appear by non-lead counsel, an order advancing the hearing, or an order continuing the hearing no longer than one week. Such a request must be made by the Wednesday before the subject hearing and be supported by a declaration demonstrating good cause.

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Page 2 | Presence of Lead Counsel

Plaintiff must show good cause to extend service deadline beyond 90 days.

The will require plaintiff to show good cause to extend the service deadline beyond 90 days.

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Page 2 | Service of the Complaint

Parties must email the Proposed FPTCO to chambers at MCS_Chambers@cacd.uscourts.gov.

The parties shall email the Proposed FPTCO in Microsoft Word format to chambers at MCS_Chambers@cacd.uscourts.gov.

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Page 6 | E. Final Pretrial Conference/Proposed Final Pretrial Conference Order

Parties requesting special court reporter services (e.g., real-time transmission or daily transcripts) must call Court Reporting Services at (213) 894-3015 at least 2 weeks before the hearing.

Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify Court Reporting Services at (213) 894-3015 at least 2 weeks before the hearing date.

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Page 14 | D. Court Reporter

Parties must consult the Court's Initial Standing Order for requirements governing specific motions, discovery, certain filings, courtesy copies, and emailing signature items to chambers.

Please refer to the Court’s Initial Standing Order for requirements for specific motions, discovery, certain types of filings, courtesy copies, emailing signature items to chambers, alternative dispute resolution, and other matters pertaining to all cases.

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Page 2

Government and defense counsel must email their exhibit lists in Word to chambers by 12:00 pm on the Friday before trial.

Not later than 12:00 pm on the Friday before the commencement of trial, the Government and defense counsel shall each email their respective exhibit list in Word to mcs_chambers@cacd.uscourts.gov. If the defendant does not intend to offer any exhibits, then the email shall so state.

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Page 11 | Exhibit List

Meet and confer required 7 days before under seal filing; non-proposing party must respond within 2 days.

Counsel are ordered to meet and confer in person or by telephone at least seven calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing.

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Last day for motions is Final Pretrial Conference date.

The last day to hear motions is the date of the Final Pretrial Conference. All motions shall be set in accordance with this Order and the Local Rules.

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Email chambers with PDF application, Word proposed order, and PDF sealed documents after electronic filing.

After electronically filing the application and related documents, email mcs_chambers@cacd.uscourts.gov with an attachment containing: (i) an Adobe PDF version of the application to seal with the CM/ECF-generated header; (ii) a Word or WordPerfect version of the proposed order (including the proposed action to be taken if the application is denied; and (iii) an Adobe PDF of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.”

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Email chambers with PDF application, Word proposed order, and PDF sealed documents for seal requests.

Send an email to mcs_chambers@cacd.uscourts.gov with an attachment containing: (i) an Adobe PDF version of the application to seal with the CM/ECF generated header; (ii) a Word or WordPerfect version of the proposed order (including the proposed action to be taken if the application is denied); and (iii) an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.”

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Pro se parties restricted to filing documents via email; no direct communication with court

(c) Pro se/self-represented parties may use the chambers email solely to present documents for filing. The chambers email is not to be used in any way to communicate with the Judge or Clerk. All parties, including pro se/self-represented parties, shall refrain from writing letters to the Court, sending email messages, making telephone calls to chambers, or otherwise communicating with the Court unless opposing counsel is present. All matters must be called to the Court’s attention by appropriate application or motion. C.D. Cal. R. 83-2.5.

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Page 15 | Pro Se/Self-Represented Parties

Pro se email filings must be PDF format sent to specific email with required subject line

(b) The document shall be emailed as a PDF document to mcs_chambers@cacd.uscourts.gov no later than the date it is due. The Court will deem the date the document is emailed as the filed or lodged date. The subject line of the email shall contain: (i) the case number; (ii) case name; and (iii) “Pro Se Filing” to ensure it will be filed/lodged properly.

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Page 15 | Pro Se/Self-Represented Parties

Counsel must call clerk within 30 minutes of filing TRO/injunction documents.

Counsel shall call the Courtroom Deputy Clerk no later than 30 minutes after filing the documents.

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Lead counsel must attend conferences; no special appearances allowed.

Lead trial counsel shall attend any scheduling, pretrial, or settlement conference set by the Court unless engaged in trial. The Court does not permit special appearances; only counsel of record may appear at any proceeding.

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Ex parte applications require advance notice by telephone and email to all parties.

Counsel for the applicant must provide advance notice of the application by telephone and email to all other parties. In addition to the information required by Local Rule 7-19.1, the notice must advise the other parties of the anticipated deadline to oppose the application.

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In-person appearances required; remote appearances prohibited; requests for alternatives must be made by Wednesday before hearing with good cause declaration.

The Court expects counsel to appear in person at any hearing. The Court does not permit remote appearances. A party whose lead counsel cannot appear at a hearing for good cause may request leave to appear by non-lead counsel, an order advancing the hearing, or an order continuing the hearing no longer than one week. Such a request must be made by the Wednesday before the subject hearing and be supported by a declaration demonstrating good cause.

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Telephonic appearances rarely permitted; require notice to opposing counsel, 3-day advance filing, showing of undue hardship, and availability 30 minutes before/after hearing.

The Court expects counsel to appear in person at any hearing. The Court only rarely permits telephonic appearances. Counsel seeking to appear by telephone must: (1) notify opposing counsel of the request to appear telephonically; (2) at least three court days before the hearing, file a request to appear telephonically and proposed order supported by a showing that personal appearance will cause undue hardship; (3) provide the Courtroom Deputy Clerk with the telephone number at which the Court can reach counsel; and (4) be available at that number for at least 30 minutes before and 30 minutes after the time of the scheduling hearing.

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Page 2 | Presence of Lead Counsel

Counsel must call the Courtroom Deputy Clerk within 30 minutes of filing TRO or injunction documents.

Counsel shall call the Courtroom Deputy Clerk no later than 30 minutes after filing the documents.

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Page 4 | TROs and Injunctions

All discovery matters are referred to the assigned Magistrate Judge.

All discovery matters, including all discovery motions, are referred to the assigned United States Magistrate Judge.

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Page 5 | Discovery

Motions must comply with Local Rules 6-1 and 7.

Motions shall be filed in accordance with Local Rule 6-1 and Local Rule 7.

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Page 6 | Motions

Motions heard on Mondays at 9:00 a.m., or following Monday if holiday.

In general, this Court hears motions on Mondays, beginning at 9:00 a.m. If Monday is a national holiday, motions will be heard on the following Monday.

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Page 6 | Motions

Pro se filings must be emailed as PDF to specific address with required subject line

The document shall be emailed as a PDF document to mcs_chambers@cacd.uscourts.gov no later than the date it is due. The Court will deem the date the document is emailed as the filed or lodged date. The subjet line of the email shall contain: (i) the case number, (ii) case name, and (iii) "Pro Se Filing" to ensure it will be filed/lodged properly.

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Page 17 | Pro Se/Self-Represented Parties

Chambers email, phone, and letters may only be used for filing documents; all other communication is prohibited unless opposing counsel is present.

Pro se/self-represented parties may use the chambers email solely to present documents for filing. The chambers email is not to be used in any way to communicate with the Judge or Clerk. All parties, including pro se/self-represented parties, shall refrain from writing letters to the Court, sending email messages, making telephone calls to chambers, or otherwise communicating with the Court unless opposing counsel is present. All matters must be called to the Court's attention by appropriate application or motion C.D. Cal. R. 83-2.5.

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Page 17 | Pro Se/Self-Represented Parties

Counsel must notify the Courtroom Deputy Clerk via phone or email immediately if they do not intend to oppose an ex parte application.

If an opposing party does not intend to oppose the ex parte application, counsel must inform the Courtroom Deputy Clerk by telephone or email as soon as possible.

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Page 3 | Ex Parte Applications