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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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10 Case No.
11 Plaintiff(s), INITIAL STANDING ORDER
FOR CIVIL CASES ASSIGNED
12 v. TO JUDGE MARK C. SCARSI
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Defendant(s).
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18 This case has been assigned to the calendar of Judge Mark C. Scarsi. Both the
19 Court and the parties bear responsibility for the progress of this litigation in federal
20 court. To "secure the just, speedy, and inexpensive determination" of this case,
21 Fed. R. Civ. P. 1, all counsel and unrepresented litigants must become familiar with
22 the Federal Rules of Civil Procedure, the Local Rules of the Central District of
23 California, the Court’s standing orders, and Judge Scarsi’s webpage,
24 https://apps.cacd.uscourts.gov/Jps/honorable-mark-c-scarsi,
25 1. Service of the Complaint
26 The plaintiff shall promptly serve the complaint in accordance with Federal
27 Rule of Civil Procedure 4 and file proof of service pursuant to Local Rule 4(l).
28 Rule 4(m) requires the summons and complaint to be served within 90 days. The
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1 Court expects service to be completed as soon as reasonably practicable. The Court
2 will require plaintiff to show good cause to extend the service deadline beyond 90
3 days.
4 2. Presence of Lead Counsel
5 Lead trial counsel shall attend any motion hearing and any scheduling, pretrial,
6 or settlement conference set by the Court. The Court does not permit special
7 appearances; only counsel of record may appear at any proceeding.
8 The Court expects counsel to appear in person at any hearing. The Court does
9 not permit remote appearances. A party whose lead counsel cannot appear at a
10 hearing for good cause may request leave to appear by non-lead counsel, an order
11 advancing the hearing, or an order continuing the hearing no longer than one week.
12 Such a request must be made by the Wednesday before the subject hearing and be
13 supported by a declaration demonstrating good cause.
14 3. Ex Parte Applications
15 Ex parte applications are solely for extraordinary relief and are rarely granted.
16 See Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal.
17 1995). (“Lawyers must understand that filing an ex parte motion . . . is the forensic
18 equivalent of standing in a crowded theater and shouting, ‘Fire!’ There had better
19 be a fire.”). Such applications must be supported by “evidence... that the moving
20 party’s case will be irreparably prejudiced if the underlying motion is heard
21 according to regularly noticed motion procedures,” and a showing “that the
22 moving party is without fault in creating the crisis that requires ex parte relief, or
23 that the crisis occurred as a result of excusable neglect.” Id. at 492. Ex parte
24 applications that fail to conform to Local Rule 7-19, including a statement of
25 opposing counsel’s position, will not be considered except on a specific showing
26 of good cause.
27 Counsel for the applicant must provide advance notice of the application by
28 telephone and email to all other parties. In addition to the information required
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1 by Local Rule 7-19.1, the notice must advise the other parties of the anticipated
2 deadline to oppose the application. The applicant must serve the application by
3 facsimile, email, or personal service, even if electronic service is effected under
4 Local Rule 5-3.2.1.
5 Oppositions to ex parte applications must be filed within 24 hours of the filing
6 of the application, subject to Rule 6(a)(2). If an opposing party does not intend to
7 oppose the ex parte application, counsel must inform the Courtroom Deputy Clerk
8 by telephone or email as soon as possible. No replies in support of ex parte
9 applications are authorized.
10 4. Continuances or Extensions of Time
11 This Court is committed to adhering to all scheduled dates. In general, this
12 makes the judicial process more efficient and less costly. Changes in dates are
13 sharply disfavored. The case schedule set by the Court, including the trial date, is
14 firm and will rarely be changed. Therefore, any request, whether by application or
15 stipulation, to continue the date of any matter before this Court must be supported
16 by good cause demonstrating why the change in the date is essential. Without such
17 compelling factual support, requests to continue dates set by this Court will not be
18 approved. Counsel requesting a continuance must electronically file any application
19 or stipulation with a proposed order and a detailed declaration of counsel providing
20 the grounds for the requested continuance or extension of time. The Court will deny
21 any request that fails to comply with the Local Rules and this Order. Stipulations
22 and requests to amend the case schedule become effective only if, and when, this
23 Court approves the stipulation as presented to, or modified by, the Court. The Court
24 acts promptly to resolve requests to modify the case schedule, but processing delays
25 of up to a week are not unusual; therefore, counsel shall not submit requests for a
26 schedule modification fewer than seven calendar days prior to the earliest date
27 subject to the request. The Court presumes that there is no good cause to continue
28 any deadline that will pass within a week of a continuance request or has already
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1 passed.
2 5. TROs and Injunctions
3 Parties seeking emergency or provisional relief shall comply with Federal
4 Rule of Civil Procedure 65 and Local Rule 65-1. The application shall include a
5 proof of service which complies with the Court’s requirements for ex parte
6 applications or a separate request for service to be excused. The Court will not
7 rule on any application for such relief for at least 24 hours after the party subject
8 to the requested order has been served unless service is excused. Counsel shall call
9 the Courtroom Deputy Clerk no later than 30 minutes after filing the documents.
10 6. Cases Removed from State Court
11 All documents filed in state court, including documents appended to the
12 complaint, answers, and motions, must be re-filed in this Court as a supplement to
13 the notice of removal. See 28 U.S.C. § 1447(a)-(b). If the defendant has not yet
14 answered or filed a motion in response to the complaint, the answer or responsive
15 pleading filed in this Court must comply with the Federal Rules of Civil Procedure
16 and the Local Rules. If, before the case was removed, a motion or demurrer in
17 response to the complaint was pending in state court, it must be re-noticed in this
18 Court in accordance with Local Rule 6-1 and Local Rule 7. Counsel shall file with
19 their first appearance a notice of interested parties in accordance with Local Rule
20 7.1-1.
21 If an action is removed to this Court that contains a form pleading, i.e., a
22 pleading in which boxes are checked, the party or parties utilizing the form
23 pleading must file an appropriate pleading with this Court within 30 days of receipt
24 of the Notice of Removal. The appropriate pleading referred to must comply with
25 the requirements of Federal Rules of Civil Procedure 7, 7.1, 8, 9, 10, and 11.
26 7. Status of Fictitiously Named Defendants
27 This Court intends to adhere to the following procedures where a matter is
28 removed to this Court on diversity grounds with fictitiously named defendants. See
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1 28 U.S.C. §§ 1441, 1447.
2 Plaintiff is expected to ascertain the identity of, and serve, any fictitiously
3 named defendant, within 90 days of the removal of the action to this Court.
4 If plaintiff believes (by reason of the necessity for discovery or otherwise)
5 that fictitiously named defendants cannot be identified within the 90-day period,
6 an ex parte application requesting permission to extend that period to effectuate
7 service may be filed with this Court. Such an application shall state the specific
8 reasons for the requested extension of time, including a description of all efforts
9 made up to that time to identify and serve such defendants. The ex parte
10 application shall be served upon all appearing parties, and shall state that
11 appearing parties may file written comments within seven days of filings of the
12 ex parte application.
13 If plaintiff wants to substitute a defendant for one of the fictitiously named
14 defendants, plaintiff shall first seek the consent of counsel for all defendants (and
15 counsel for the fictitiously named party, if that party has separate counsel). If
16 consent is withheld or denied, plaintiff should file a motion on regular notice. The
17 motion and opposition should address whether the matter should thereafter be
18 remanded to the Superior Court if complete diversity of citizenship would no
19 longer be present as a result of the addition of the new party. See U.S.C. § 1447(c)
20 and (d).
21 8. Discovery
22 a. Discovery Matters Referred to the Magistrate Judge
23 All discovery matters, including all discovery motions, are referred to the
24 assigned United States Magistrate Judge. The Magistrate Judge’s initials follow the
25 District Judge’s initials next to the case number on this Order. All discovery-related
26 documents must include the words "DISCOVERY MATTER" in the caption to
27 ensure proper routing. Counsel are directed to contact the Magistrate Judge’s
28 Courtroom Deputy Clerk to schedule matters for hearing.
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1 In accordance with 28 U.S.C. § 636(b)(1)(A), the Court will not reverse any
2 order of the Magistrate Judge unless it has been shown that the Magistrate Judge’s
3 order is clearly erroneous or contrary to law.
4 Any party may file and serve a motion for review and reconsideration before
5 this Court. See Fed. R. Civ. P. 72(a). The moving party must file and serve the
6 motion within 14 days of service of a written ruling or within 14 days of an oral
7 ruling that the Magistrate Judge states will not be followed by a written ruling.
8 The motion must specify which portions of the ruling are clearly erroneous or
9 contrary to law and support the contention with points and authorities.
10 b. Compliance with Federal Rule of Civil Procedure 26(a)
11 Unless there is a likelihood that, upon motion by a party, the Court would
12 order that any or all discovery is premature, counsel should begin to conduct
13 discovery actively before the Scheduling Conference. Discovery is not stayed prior
14 to the Scheduling Conference or after dates have been set unless otherwise ordered
15 by the Court. At the very least, the parties shall comply fully with the letter and
16 spirit of Rule 26(a) and thereby obtain and produce most of what would be
17 produced in the early stage of discovery.
18 9. Motions
19 a. Time for Filing and Hearing Motions
20 Motions shall be filed in accordance with Local Rule 6-1 and Local Rule 7.
21 Except for motions set for hearing at a pretrial conference, parties must set motions
22 for hearing on a Monday at 9:00 a.m. The Court does not hear motions on national
23 holidays or closed motion dates, as maintained on the Court’s webpage. It is not
24 necessary to clear a hearing date with the Courtroom Deputy Clerk prior to the
25 filing of a motion.
26 b. Briefing Motions
27 Please read this section carefully. This Court’s schedule for briefing
28 motions differs significantly from the briefing schedule set by the Local Rules.
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1 Any motion that is filed and set for a hearing to be held fewer than 35 days
2 from the date of the filing of the motion shall be briefed pursuant to Local Rules
3 7-9 and 7-10. Otherwise, motions shall be briefed according to the following
4 schedule:
5 Any motion that is filed and set for a hearing between 35 and 70 days from
6 the date of the filing of the motion: (i) any opposition must be filed no later than
7 14 days after the filing of the motion; and (ii) any reply must be filed no later than
8 21 days after the filing of the motion.
9 Any motion that is filed and set for a hearing more than 70 days from the
10 date of the filing of the motion: (i) any opposition must be filed no later than 21
11 days after the filing of the motion; and (ii) any reply must be filed no later than 35
12 days after the filing of the motion.
13 c. Prefiling Requirement to Meet and Confer
14 Counsel must comply with Local Rule 7-3, which requires counsel to engage
15 in a prefiling conference "to discuss thoroughly... the substance of the contemplated
16 motion and any potential resolution," and to file a declaration confirming
17 compliance. In addition to the requirements stated in Local Rule 7-3, the
18 declaration must state whether the conference took place in person, by telephone,
19 or via video conference. Counsel should discuss the issues to a sufficient degree
20 that if a motion is still necessary, the briefing may be directed to those substantive
21 issues requiring resolution by the Court. Counsel should resolve minor procedural
22 or other non-substantive matters during the conference, including the prospective
23 hearing date. The in propria persona status of one or more parties does not alter
24 this requirement. Any motion that fails to comply with Local Rule 7-3 will be
25 denied.
26 d. Length and Format of Motion Papers
27 All motion papers shall comply with Local Rule 11-3. Only in rare instances
28 and for good cause shown will the Court grant an application for relief from the
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1 brief length limitations of Local Rule 11-6. Reply briefs may not exceed 3,000
2 words, excluding indices and exhibits. A handwritten or typewritten reply brief
3 may not exceed 10 pages, excluding indices and exhibits. No supplemental brief
4 or surreply shall be filed without prior leave of Court.
5 Counsel shall adhere to Local Rule 5-4.3.1 with respect to the conversion of
6 all documents to a PDF so that when a document is filed, it is in the proper size
7 and format that is text-searchable. Further, all documents shall be filed in a format
8 so that text can be selected, copied, and pasted directly from the document.
9 Electronic nonpaper exhibits lodged under Local Rule 5-4.2(b)(1) (e.g., audio
10 and video files) must be provided on a USB flash drive or by sending a link to an
11 Internet file hosting service (e.g., Dropbox) by email to
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[email protected]. Exhibits provided on a CD or DVD will not
13 be considered and will be destroyed unless the CD or DVD itself is a nonpaper
14 exhibit subject to Local Rule 11-5.1.
15 e. Chambers Copies
16 Chambers copies are not required. Unless subject to Local Rule 5-4.2, paper
17 copies of any documents delivered to the Court will be refused or destroyed and not
18 considered.
19 f. Citations of Case Law
20 Citations of case law must identify not only the case cited, but also the specific
21 page referenced. For example, if a quotation is presented, the associated page
22 citation shall be provided. Similarly, if a case is cited in support of a proposition
23 based on language in the opinion, the pages on which such language appears shall
24 be provided. Bluebook style is preferred.
25 g. Citations of Other Sources
26 Statutory references should identify with specificity the sections and
27 subsections referenced. Citations of treatises, manuals, and other materials should
28 include the volume, section, and pages that are referenced. Citations of prior filings
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1 in the same matter shall include the docket entry number, section, and pages that
2 are referenced. Bluebook style is preferred.
3 h. Oral Argument
4 If the Court deems a matter appropriate for decision without oral argument,
5 the Court will notify the parties in advance. C.D. Cal. R. 7-15. Requests to conduct
6 or waive a hearing may not be honored.
7 10. Specific Motions
8 a. Rule 12 Motions
9 Many motions to dismiss or to strike can be avoided if the parties confer in
10 good faith (as required by Local Rule 7-3), especially where perceived defects in a
11 complaint, answer, or counterclaim could be corrected by amendment. See Chang
12 v. Chen, 80 F. 3d 1293, 1296 (9th Cir. 1996) (where a motion to dismiss is granted,
13 a district court should provide leave to amend unless it is clear that the complaint
14 could not be saved by any amendment). These principles require that plaintiff’s
15 counsel carefully evaluate defendant’s contentions as to the deficiencies in the
16 complaint. In most instances, the moving party should agree to any amendment
17 that would cure the defect.
18 This Court generally denies any Rule 12(f) motion to strike unless the movant
19 can demonstrate it will suffer prejudice absent the requested relief. In re Honest
20 Co., Inc. Sec. Litig., 343 F.R.D. 147, 151 (C.D. Cal. 2022) (Scarsi, J.). A
21 plaintiff’s prayer for a remedy precluded as a matter of law is not the proper target
22 of a Rule 12 motion. See Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970,
23 974-75 (9th Cir. 2010); Saroya v. Univ. of Pac., 503 F. Supp. 3d 986, 1000 (N.D.
24 Cal. 2020).
25 If a motion to dismiss is granted with leave to amend, counsel shall attach as
26 an appendix to an amended pleading a "redline" version of the amended pleading
27 showing all additions and deletions of material.
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1 b. Motions for Leave to Amend
2 All motions for leave to amend pleadings shall: (1) state the effect of the
3 amendment and (2) identify the page and line numbers and wording of any
4 proposed change or addition of material. The proposed amended pleading shall
5 be serially numbered to differentiate it from previously amended pleadings.
6 In addition to the requirements of Local Rule 15, counsel shall attach as an
7 appendix to the moving papers a "redline" version of the proposed amended
8 pleading showing all additions and deletions of material.
9 c. Motions for Summary Judgment
10 Parties need not wait until the motion cut-off date to bring a motion for
11 summary judgment or partial summary judgment. A party moving for summary
12 judgment must file the motion at least 35 days before the hearing. The parties
13 should prepare papers in a fashion that will assist the Court in locating the
14 evidence with respect to the facts (e.g., generous use of tabs, tables of contents,
15 headings, indices, etc.).
16 i. Separate Statements
17 The parties are to comply precisely with Local Rules 56-1 through 56-3
18 governing Statements of Uncontroverted Facts and Statements of Genuine Disputes.
19 If the opposing party submits that the Court should consider facts that bear on,
20 or relate to, the issues raised by the movant but are not presented in the moving
21 party’s Statement of Uncontroverted Facts or the opposing party’s Statement of
22 Genuine Disputes, the opposing party may submit a Statement of Additional
23 Uncontroverted Facts, which must be filed as a document separate from the
24 Statement of Genuine Disputes and must follow the format described in Local Rule
25 56-1 with respect to the moving party’s Statement of Uncontroverted Facts. The
26 nonmoving party’s additional facts must be numbered sequentially to follow the
27 last numbered fact presented by the moving party. With its reply papers, the
28 moving party may submit a Statement of Additional Genuine Disputes following
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1 the format prescribed by Local Rule 56-2 with respect to the nonmoving party’s
2 Statement of Genuine Disputes. Absent a court order, no response to the
3 Statement of Additional Genuine Disputes is authorized.
4 ii. Supporting Evidence
5 No party shall submit evidence other than the specific items of evidence or
6 testimony necessary to support or controvert a proposed statement of undisputed
7 fact. For example, entire deposition transcripts, entire sets of interrogatory
8 responses, and documents that do not specifically support or controvert material in
9 the separate statement shall not be submitted in support of or opposition to a
10 motion for summary judgment.
11 Evidence in support of, or in opposition to, a motion should be submitted
12 either by way of stipulation or as exhibits to declarations sufficient to authenticate
13 the proffered evidence and should not be attached to the memorandum of points
14 and authorities. Documentary evidence as to which there is no stipulation regarding
15 foundation must be accompanied by the testimony, either by declaration or
16 properly authenticated deposition transcript, or a witness who can establish
17 authenticity.
18 The parties shall ensure that electronically filed copies of evidence in support
19 of, or in opposition to, a motion for summary judgment are in the proper format.
20 Thus, all documents must be text-searchable and have selectable text that may be
21 copied and pasted directly from the filed document.
22 Additionally, testimony cited in a statement of uncontroverted facts,
23 statement of genuine material facts, or statement of additional material facts shall
24 be highlighted and/or underlined.
25 iii. Objections to Evidence
26 Evidentiary objections to a declaration submitted in connection with a motion
27 or other matter shall be made in writing and served and filed at the same time as,
28 but separately from, the opposition or reply papers. If a party disputes a fact based
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1 in whole or in part of an evidentiary objection, the ground of the objection should
2 be succinctly stated in a separate statement of evidentiary objections in a
3 three-column format (see Exhibit A):
4 The left column should include the relevant portions of any declaration or
5 deposition, which shall include the highlighted, underlined, and/or bracketed
6 portions that are being objected to (including page and line number, if applicable).
7 Each objection shall be numbered and located within the copy of the declaration.
8 The middle column should set forth a concise objection (e.g., hearsay, lacks
9 foundation, etc.) with a citation of the Federal Rules of Evidence or, where
10 applicable, a case citation. The right column should provide space for the Court’s
11 entry of its ruling on the objection.
12 A proposed order shall be filed and attached to the evidentiary objections as
13 a separate document consistent with Local Rule 52-4.1 and either uploaded through
14 the CM/ECF system or emailed directly to
[email protected].
15 Counsel shall adhere to this format for any evidentiary objections that are
16 submitted to the Court for consideration.
17 d. Motions for Attorney’s Fees
18 Motions for attorney’s fees shall be filed and set for hearing according to
19 Local Rule 6-1 and this Order. Any motion or request for attorney’s fees shall
20 attach two summaries, in table form, of the hours worked by and billing rate of
21 each attorney with title (i.e., partner, local counsel, associate, etc.) (see Exhibit B).
22 The first table shall include a summary of the hours worked by each attorney,
23 organized by task (i.e., discovery, motion to dismiss, motion for summary
24 judgment). If the hourly rate charged by any individual attorney changed while the
25 case was ongoing, the party shall provide separate calculation for the total number
26 of hours that the attorney spent in connection with each task at each hourly rate.
27 The second table shall include a summary of the hours worked by each
28 attorney, organized by attorney. This table shall list all of the tasks on which the
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1 attorney worked, the hours worked on each task, and the hourly rate of each
2 attorney.
3 Any table as set forth above shall be attached to the motion and electronically
4 filed. A copy of the table shall be emailed to
[email protected]
5 in Microsoft Excel format and have all restrictions removed so that the spreadsheet
6 can be edited.
7 e. Motions for Preliminary and Final Approval of Class Action
8 Settlement
9 Parties submitting a motion for preliminary or final approval of a class
10 settlement shall include a spreadsheet supporting any proposed award of attorney’s
11 fees. The spreadsheet shall include an estimate of any future attorney’s fees for
12 which compensation will be sought, the normal hourly rate of all counsel for whom
13 entries appear on the spreadsheet, the support for such hourly rate(s), and an
14 explanation of the basis of any service enhancement award for lead plaintiff(s),
15 including the hours worked and activities performed by such lead plaintiff(s). A
16 copy of the table shall be emailed to
[email protected] in
17 Microsoft Excel format and have all restrictions removed so that the spreadsheet
18 can be edited.
19 11. Under Seal Documents
20 Counsel shall comply with Local Rule 79-5. All applications must provide
21 the reason(s) why the parties’ interest in maintaining the confidentiality of the
22 document(s) outweighs the public’s right of access to materials submitted in
23 connection with a judicial proceeding. Counsel are ordered to meet and confer in
24 person or by telephone at least seven calendar days prior to the filing of an
25 application in which the basis for the requested sealing is stated to determine if they
26 can agree on the proposed under seal filing. No later than two calendar days after
27 the meet and confer process has concluded, the non-proposing party shall confirm
28 whether it agrees to having such information designated as confidential or whether
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1 it opposes an under seal filing. Any application for under seal filing, whether or
2 not opposed, shall contain the dates and method by which the parties met and
3 conferred. If such information is not provided, the application will be denied
4 without prejudice to an amended application being filed that complies with the
5 foregoing terms.
6 The parties’ obligations for submitting sealing applications, as set forth in
7 Local Rule 79-5.2.2, are:
8 1. The application for leave to file under seal shall be filed on the
9 public docket and shall attach a proposed order pursuant to Local
10 Rule 5-4.4.1 and 5-4.4.2. Any declaration that supports the
11 application shall also be attached to the application unless it
12 contains confidential information. The declaration shall be filed
13 under seal as its own docket entry if it contains confidential
14 information.
15 2. The unredacted version of all documents sought to be sealed shall
16 be filed provisionally under seal. The documents may be attached
17 to the declaration that supports the application, if the declaration
18 is sealed and is filed as its own docket entry. Otherwise, the
19 documents should be filed separately under provisional seal. The
20 title shall include "Unredacted" or "Sealed" as the first word of
21 the title of the document. Any provisionally sealed document
22 must clearly mark the information that is confidential or
23 privileged via highlighting in color and/or using brackets.
24 3. The Court will review the submitted documents and determine
25 whether the documents can be sealed. If the application is
26 granted, counsel shall file:
27 i. The unredacted version of the entire document as its own
28 docket entry. The title shall include "Unredacted" or
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1 "Sealed" as the first word of the title of the document.
2 Any information that has been redacted or omitted from
3 the public filing must be clearly marked via highlighting
4 in color and/or using brackets.
5 ii. The redacted version of the entire document as its own
6 docket entry. Unless otherwise stated in the order
7 granting the application, a redacted version is required
8 of all sealed documents. The title shall include
9 "Redacted" as the first word of the title of the document.
10 Any information that is confidential or privileged must
11 be blacked out or a page shall be inserted with the title
12 of the document that indicates that the entire document
13 is sealed.
14 Closely related materials filed at the same time where some are proposed to be
15 filed under seal and others will not be sealed shall be considered as a single
16 document and filed as a single docket entry containing multiple attachments. For
17 example, if certain exhibits to a declaration are to be filed under seal, even if other
18 exhibits or the declaration are not, the entire document for which permission to seal
19 should be sought is the declaration and all exhibits. The docket shall therefore
20 include: (1) One unredacted, sealed docket entry containing the declaration with
21 all exhibits, including sealed exhibits, filed as an attachment to the declaration; and
22 (2) a separate, redacted docket entry containing the declaration with all exhibits,
23 including redacted exhibits, filed as an attachment to the declaration.
24 12. Initial Pleadings
25 Counsel shall comply with Local Rule 3 when filing initial pleadings. All
26 initiating pleadings, including third-party complaints, amended complaints,
27 complaints in intervention, counterclaims, and crossclaims, shall be filed as a
28 separate document. None shall be combined with an answer.
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1 13. Amended Pleadings
2 Every amended pleading shall be serially numbered to differentiate the
3 pleading from prior pleadings, e.g. First Amended Complaint, Second Amended
4 Counterclaim, Third Amended Crossclaim, etc. Counsel shall attach as an
5 appendix to all amended pleadings a "redline" version of the amended pleading
6 showing all additions and deletions of material from the most recent prior pleading.
7 14. Settlements
8 If the parties reach a settlement in principle, the parties must file a notice of
9 settlement to the docket as soon as possible. So long as a notice of settlement is
10 filed promptly, the parties need not separately contact the Courtroom Deputy
11 Clerk to report the settlement under Local Rules 16-15.7 and 40-2 unless a hearing
12 or trial is scheduled within the following seven days or the Court has taken a
13 motion under submission. The Court expects the parties to complete the settlement
14 and either voluntarily dismiss the case or stipulate to judgment within 45 days of
15 filing a notice of settlement. A voluntary dismissal that complies with Rule 41(a)(1)
16 does not require a court order. The Court generally does not retain jurisdiction
17 over settlement enforcement. Kokkonen v. Guardian Life Ins. Co. of Am., 511
18 U.S. 375, 382 (1994).
19 15. Use of Generative Artificial Intelligence
20 Any party to this proceeding that uses a generative artificial intelligence
21 platform (e.g., ChatGPT, Claude, Gemini, Copilot, Harvey, Protégé, and
22 CoCounsel) (“Generative AI”) in connection with a filing in this matter must
23 attach to the subject filing a separate declaration disclosing the use of Generative
24 AI and certifying that the filer, in the exercise of the filer’s independent legal
25 judgment, has reviewed and verified the content of the filing as accurate and in
26 compliance with Federal Rule of Civil Procedure 11. The declaration must identify
27 which, if any, portion of the filing incorporates Generative AI outputs. The Court
28 warns that a party who presents to the Court a pleading, written motion, or other
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1 paper incorporating inaccurate or undeclared Generative AI outputs may be subject
2 to sanctions without further warning.
3 16. Pro Se/Self-Represented Parties
4 Pro se/self-represented parties may continue to present all documents to the
5 Clerk for filing in paper format pursuant to Local Rule 5-4.2. However, the Court
6 will also permit self-represented parties to present all documents to the Clerk for
7 filing by email so long as they comply with the following requirements:
8 (a) The document shall be prepared so that it complies with the
9 requirements set forth in Local Rule 11-3, i.e., legibility, font, paper, pagination,
10 spacing, title page, page limits, etc.
11 (b) The document shall be emailed as a PDF document to
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[email protected] no later than the date it is due. The Court will
13 deem the date the document is emailed as the filed or lodged date. The subject line
14 of the email shall contain: (i) the case number, (ii) case name, and (iii) "Pro Se
15 Filing" to ensure it will be filed/lodged properly.
16 Pro se/self-represented parties may use the chambers email solely to present
17 documents for filing. The chambers email is not to be used in any way to
18 communicate with the Judge or Clerk. All parties, including pro se/self-represented
19 parties, shall refrain from writing letters to the Court, sending email messages,
20 making telephone calls to chambers, or otherwise communicating with the Court
21 unless opposing counsel is present. All matters must be called to the Court’s
22 attention by appropriate application or motion C.D. Cal. R. 83-2.5.
23 The Court expects pro se/self-represented parties to comply with the Local
24 Rules and the rules set by this Court. In this and other court orders, references to
25 “attorney” or “counsel” apply to pro se litigants unless the context requires
26 otherwise. Id. R. 1-3. The Court has a Pro Se Clinic available to assist those
27 persons who do not have an attorney to represent them. Clinics are located in
28 Los Angeles, Riverside, and Santa Ana. More information can be obtained by
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1 calling (213) 385-2977, ext. 270, or visiting the Court’s website at
2 http://prose.cacd.uscourts.gov/.
3 17. Notice of This Order/Electronically Filed Documents
4 If this case was initiated in this Court, plaintiff(s) shall immediately serve this
5 Order on all parties, including any new parties to the action. If this case was
6 removed from state court, the removing defendant(s) shall serve this Order on all
7 other parties.
8 Any document that is electronically filed shall be served by mail that same
9 day on any party or attorney who is not permitted or has not consented to electronic
10 service, with a proof of service to be filed within 24 hours.
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IT IS SO ORDERED.
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Dated:
15 HONORABLE MARK C. SCARSI
UNITED STATES DISTRICT JUDGE
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1
EXHIBIT A: FORMAT FOR EVIDENTIARY OBJECTIONS
2
3
Declaration/Testimony of _______ Objection Ruling
4
5
6 Example 1: Entire Declaration of John
Smith
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8
Start of Deposition.......................................
9
1. E.g., Hearsay, cite. 1. Sustained /
10 [1. Language subject to objection] Overruled
11 .......................................................................
12
........................................................................
13
.........................................................................
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2. E.g., Lacks 2. Sustained /
15 [2. Language subject to objection] foundation, cite. Overruled
........................................................................
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17 ........................................................................
18 ........................................................................
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20 [3. Language subject to objection]
3. E.g., Hearsay, cite. 3. Sustained /
21 ....................................................................... Overruled
22 .......................................................................
23
.......................................................................
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1
EXHIBIT B: FORMAT FOR ATTORNEY’S FEES SUMMARY CHARTS
2
Table 1
3 Task 1: Motion to Dismiss
Attorney Rate Hours Fee
4
Attorney 1 $XXX/hour Total hours spent by $XXX
5 (position) Attorney 1 on Task 1
Attorney 1 $XXX/hour Total hours spent by $XXX
6 (position) Attorney 1 on Task 1
Fee Request for Task 1 Task 1 Sum Task 1 Sum
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Task 2: Motion for Summary Judgment
8 Attorney 1 $XXX/hour Total hours spent by $XXX
(position) Attorney 1 on Task 1
9
Attorney 1 $XXX/hour Total hours spent by $XXX
(position) Attorney 1 on Task 1
10
Fee Request for Task 1 Task 1 Sum Task 1 Sum
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12
Table 2
13 Attorney Rate HOURS BY TASK TOTALS
Attorney 1 Task Total Hours Hours:
14 (position) Spent by Amount:$
Attorney on
15 Task
i.e., Motion to
16 Dismiss
Discovery
17 Deposition
18 Task 4
Task 5 (etc.)
19 Attorney 1 Task Total Hours Hours:
(position) Spent by Amount:$
20 Attorney on
Task
21
Total Hours:
22 Amount:$
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25
26
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