Civil Case Standing Order Sept. 2025.pdf; Criminal Case Standing Order Dec. 2021; Joint Exhibit List Template; Joint Proposed Final Pretrial Conference Order Template; Order re Jury Court Trial Jan. 2022; Order Setting Scheduling Conference V5; Witness List Template

=== Civil Case Standing Order Sept. 2025.pdf ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ________________________________, Case No.: Plaintiff(s), vs. ________________________________, Defendant(s). INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI This case has been assigned to the calendar of Judge Mark C. Scarsi. Both the Court and the parties bear responsibility for the progress of this litigation in federal court. To “secure the just, speedy, and inexpensive determination” of this case, Fed. R. Civ. P. 1, all counsel and unrepresented litigants must become familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, the Court’s standing orders, and Judge Scarsi’s webpage, https://apps.cacd.uscourts.gov/Jps/honorable-mark-c-scarsi. THE COURT ORDERS AS FOLLOWS: 1. Service of the Complaint 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as reasonably practicable. The Court will require plaintiff to show good cause to extend the service deadline beyond 90 days. 2. Presence of Lead Counsel 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. 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. 3. Ex Parte Applications Ex parte applications are solely for extraordinary relief and are rarely granted. See Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995) (“Lawyers must understand that filing an ex parte motion . . . is the forensic equivalent of standing in a crowded theater and shouting, ‘Fire!’ There had better be a fire.”). Such applications must be supported by “evidence . . . that the moving party’s case will be irreparably prejudiced if the underlying motion is heard according to regularly noticed motion procedures,” and a showing “that the moving party is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect.” Id. at 492. Ex parte applications that fail to conform to Local Rule 7-19, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause. 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. The 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 applicant must serve the application by facsimile, email, or personal service, even if electronic service is effected under Local Rule 5-3.2.1. 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. No replies in support of ex parte applications are authorized. 4. Continuances or Extensions of Time This Court is committed to adhering to all scheduled dates. In general, this makes the judicial process more efficient and less costly. Changes in dates are sharply disfavored. The case schedule set by the Court, including the trial date, is 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. Stipulations and requests to amend the case schedule become effective only if, and when, this Court approves the stipulation as presented to, or modified by, the Court. The Court acts promptly to resolve requests to modify the case schedule, but processing delays of up to a week are not unusual; therefore, counsel shall not submit requests for a schedule modification fewer than seven calendar days prior to the earliest date subject to the request. 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. 5. TROs and Injunctions Parties seeking emergency or provisional relief shall comply with Federal Rule of Civil Procedure 65 and Local Rule 65-1. The application shall include a proof of service which 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 complies with the Court’s requirements for ex parte applications or a separate request for service to be 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. Counsel shall call the Courtroom Deputy Clerk no later than 30 minutes after filing the documents. 6. Cases Removed from State Court All documents filed in state court, including documents appended to the complaint, answers, and motions, must be re-filed in this Court as a supplement to the notice of removal. See 28 U.S.C. § 1447(a)–(b). If the defendant has not yet answered or filed a motion in response to the complaint, the answer or responsive pleading filed in this Court must comply with the Federal Rules of Civil Procedure and the Local Rules. If, before the case was removed, a motion or demurrer in response to the complaint was pending in state court, it must be re-noticed in this Court in accordance with Local Rule 6-1 and Local Rule 7. Counsel shall file with their first appearance a notice of interested parties in accordance with Local Rule 7.1-1. 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. The appropriate pleading referred to must comply with the requirements of Federal Rules of Civil Procedure 7, 7.1, 8, 9, 10, and 11. 7. Status of Fictitiously Named Defendants This Court intends to adhere to the following procedures where a matter is removed to this Court on diversity grounds with fictitiously named defendants. See 28 U.S.C. §§ 1441, 1447. a. 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. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. If plaintiff believes (by reason of the necessity for discovery or otherwise) that fictitiously named defendants cannot be identified within the 90-day period, an ex parte application requesting permission to extend that period to effectuate service may be filed with this Court. Such an application shall state the specific reasons for the requested extension of time, including a description of all efforts made up to that time to identify and serve such defendants. The ex parte application shall be served upon all appearing parties, and shall state that appearing parties may file written comments within seven days of the filing of the ex parte application. c. 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. The motion and opposition should address whether the matter should thereafter be remanded to the Superior Court if complete diversity of citizenship would no longer be present as a result of the addition of the new party. See U.S.C. § 1447(c) and (d). 8. Discovery a. Discovery Matters Referred to Magistrate Judge All discovery matters, including all discovery motions, are referred to the assigned United States Magistrate Judge. The Magistrate Judge’s initials follow the District Judge’s initials next to the case number on this Order. All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel are directed to contact the Magistrate Judge’s Courtroom Deputy Clerk to schedule matters for hearing. In accordance with 28 U.S.C. § 636(b)(1)(A), the Court will not reverse any order of the Magistrate Judge unless it has been shown that the Magistrate Judge’s order is clearly erroneous or contrary to law. Any party may file and serve a motion for review and reconsideration before this Court. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. The motion must specify which portions of the ruling are clearly erroneous or contrary to law and support the contention with points and authorities. b. Compliance with Federal Rule of Civil Procedure 26(a) Unless there is a likelihood that, upon motion by a party, the Court would order that any or all discovery is premature, counsel should begin to conduct discovery actively before the Scheduling Conference. Discovery is not stayed prior to the Scheduling Conference or after dates have been set unless otherwise ordered by the Court. At the very least, the parties shall comply fully with the letter and spirit of Rule 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery. 9. Motions a. Time for Filing and Hearing Motions Motions shall be filed in accordance with Local Rule 6-1 and Local Rule 7. Except for motions set for hearing at a pretrial conference, parties must set motions for hearing on a Monday at 9:00 a.m. The Court does not hear motions on national holidays or closed motion dates, as maintained on the Court’s webpage. It is not necessary to clear a hearing date with the Courtroom Deputy Clerk prior to the filing of a motion. b. Briefing Motions Please read this section carefully. This Court’s schedule for briefing motions differs significantly from the briefing schedule set by the Local Rules. 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: (a). 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 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 filing of the motion; and (ii) any reply must be filed no later than 21 days after the filing of the motion. (b). 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. c. Prefiling Requirement to Meet and Confer 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. d. Length and Format of Motion Papers All motion papers shall comply with Local Rule 11-3. Only in rare instances and for good cause shown will the Court grant an application for relief from the brief length limitations of Local Rule 11-6. Reply briefs may not exceed 3,000 words, excluding indices and exhibits. A handwritten or typewritten reply brief may not exceed 10 pages, excluding indices and exhibits. No supplemental brief or surreply shall be filed without prior leave of Court. Counsel shall adhere to Local Rule 5-4.3.1 with respect to the conversion of all documents to a PDF so that when a document is filed, it is in the proper size and format that is text-searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronic nonpaper exhibits lodged under Local Rule 5-4.2(b)(1) (e.g., audio and video files) must be provided on a USB flash drive or by sending a link to an Internet file hosting service (e.g., Dropbox) by email to [email protected]. Exhibits provided on a CD or DVD will not be considered and will be destroyed unless the CD or DVD itself is a nonpaper exhibit subject to Local Rule 11-5.1. e. Chambers Copies 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. f. Citations of Case Law Citations of case law must identify not only the case cited, but also the specific page referenced. For example, if a quotation is presented, the associated page citation shall be provided. Similarly, if a case is cited in support of a proposition based on language in the opinion, the pages on which such language appears shall be provided. Bluebook style is preferred. g. Citations of Other Sources Statutory references should identify with specificity the sections and subsections referenced. Citations of treatises, manuals, and other materials should include the volume, section, and pages that are referenced. Citations of prior filings in the same matter shall include the docket entry number, section, and pages that are referenced. Bluebook style is preferred. h. Oral Argument If the Court deems a matter appropriate for decision without oral argument, the Court will notify the parties in advance. C.D. Cal. R. 7-15. Requests to conduct or waive a hearing may not be honored. 10. Specific Motions a. Rule 12 Motions 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 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. This Court generally denies any Rule 12(f) motion to strike unless the movant can demonstrate it will suffer prejudice absent the requested relief. In re Honest Co., Inc. Sec. Litig., 343 F.R.D. 147, 151 (C.D. Cal. 2022) (Scarsi, J.). A plaintiff’s prayer for a remedy precluded as a matter of law is not the proper target of a Rule 12 motion. See Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970, 974–75 (9th Cir. 2010); Saroya v. Univ. of Pac., 503 F. Supp. 3d 986, 1000 (N.D. Cal. 2020). If a motion to dismiss is granted with leave to amend, counsel shall attach as an appendix to an amended pleading a “redline” version of the amended pleading showing all additions and deletions of material. b. Motions for Leave to Amend All motions for leave to amend pleadings shall: (1) state the effect of the amendment and (2) identify the page and line numbers and wording of any proposed change or addition of material. The proposed amended pleading shall be serially numbered to differentiate it from previously amended pleadings. In addition to the requirements of Local Rule 15, counsel shall attach as an appendix to the moving papers a “redline” version of the proposed amended pleading showing all additions and deletions of material. c. Motions for Summary Judgment Parties need not wait until the motion cut-off date to bring a motion for summary judgment or partial summary judgment. A party moving for summary judgment must file the motion at least 35 days before the hearing. The parties should prepare papers in a fashion that 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 will assist the Court in locating the evidence with respect to the facts (e.g., generous use of tabs, tables of contents, headings, indices, etc.). i. Separate Statements The parties are to comply precisely with Local Rules 56-1 through 56-3 governing Statements of Uncontroverted Facts and Statements of Genuine Disputes. If the opposing party submits that the Court should consider facts that bear on, or relate to, the issues raised by the movant but are not presented in the moving party’s Statement of Uncontroverted Facts or the opposing party’s Statement of Genuine Disputes, the opposing party may submit a Statement of Additional Uncontroverted Facts, which must be filed as a document separate from the Statement of Genuine Disputes and must follow the format described in Local Rule 56-1 with respect to the moving party’s Statement of Uncontroverted Facts. The nonmoving party’s additional facts must be numbered sequentially to follow the last numbered fact presented by the moving party. With its reply papers, the moving party may submit a Statement of Additional Genuine Disputes following the format prescribed by Local Rule 56-2 with respect to the nonmoving party’s Statement of Genuine Disputes. Absent a court order, no response to the Statement of Additional Genuine Disputes is authorized. ii. Supporting Evidence No party shall submit evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. For example, entire deposition transcripts, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statement shall not be submitted in support of or opposition to a motion for summary judgment. Evidence in support of, or in opposition to, a motion should be submitted either by way of stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence and should not be attached to the memorandum of points and authorities. Documentary evidence as to which there is no stipulation regarding foundation must be 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accompanied by the testimony, either by declaration or properly authenticated deposition transcript, of a witness who can establish authenticity. The parties shall ensure that electronically filed copies of evidence in support of, or in opposition to, a motion for summary judgment are in the proper format. Thus, all documents must be text-searchable and have selectable text that may be copied and pasted directly from the filed document. Additionally, testimony cited in a statement of uncontroverted facts, statement of genuine material facts, or statement of additional material facts shall be highlighted and/or underlined. iii. Objections to Evidence 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. If a party disputes a fact based in whole or in part of an evidentiary objection, the ground of the objection should be succinctly stated in a separate statement of evidentiary objections in a three-column format: a. The left column should include the relevant portions of any declaration or deposition, which shall include the highlighted, underlined, and/or bracketed portions that are being objected to (including page and line number, if applicable). Each objection shall be numbered and located within the copy of the declaration. b. The middle column should set forth a concise objection (e.g., hearsay, lacks foundation, etc.) with a citation of the Federal Rules of Evidence or, where applicable, a case citation. c. The right column should provide space for the Court’s entry of its ruling on the objection. d. A proposed order shall be filed and attached to the evidentiary objections as a separate document consistent with Local Rule 52-4.1 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and either uploaded through the CM/ECF system or emailed directly to [email protected]. See Exhibit A. Counsel shall adhere to this format for any evidentiary objections that are submitted to the Court for consideration. d. Motions for Attorney's Fees Motions for attorney’s fees shall be filed and set for hearing according to Local Rule 6- 1 and this Order. Any motion or request for attorney’s fees shall attach two summaries, in table form, of the hours worked by and billing rate of each attorney with title (i.e., partner, local counsel, associate, etc.). The first table shall include a summary of the hours worked by each attorney, organized by task (i.e., discovery, motion to dismiss, motion for summary judgment). If the hourly rate charged by any individual attorney changed while the case was ongoing, the party shall provide separate calculations for the total number of hours that the attorney spent in connection with each task at each hourly rate. The second table shall include a summary of the hours worked by each attorney, organized by attorney. This table shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. Any table as set forth above shall be attached to the motion and electronically filed. A copy of the table shall be emailed to [email protected] in Microsoft Excel format and have all restrictions removed so that the spreadsheet can be edited. See Exhibit B. e. Motions for Preliminary and Final Approval of Class Action Settlement Parties submitting a motion for preliminary or final approval of a class settlement shall include a spreadsheet supporting any proposed award of attorney’s fees. The spreadsheet shall include an estimate of any future attorney’s fees for which compensation will be sought, the normal hourly rate of all counsel for whom entries appear on the spreadsheet, the support for such hourly rate(s), and an explanation of the basis of any service enhancement award for 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lead plaintiff(s), including the hours worked and activities performed by such lead plaintiff(s). A copy of the table shall be emailed to [email protected] in Microsoft Excel format and have all restrictions removed so that the spreadsheet can be edited. See Exhibit B. 11. Under Seal Documents 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. 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. 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 without prejudice to an amended application being filed that complies with the foregoing terms. Filing Applications for Leave to File Under Seal 1. The application for leave to file under seal shall be filed on the public docket and shall attach a proposed order pursuant to Local Rule 5- 4.4.1and 5-4.4.2. 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. 2. 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 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 3. 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 in color and/or using brackets. ii. The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include “Redacted” as the first word of the title of the document. 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. 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: 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. One unredacted, sealed docket entry containing the declaration with all exhibits, including sealed exhibits, filed as an attachment to the declaration; and ii. a separate, redacted docket entry containing the declaration with all exhibits, including redacted exhibits, filed as an attachment to the declaration. 12. Initial Pleadings 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. 13. Amended Pleadings Every amended pleading shall be serially numbered to differentiate the pleading from prior pleadings, e.g., First Amended Complaint, Second Amended Counterclaim, Third Amended Crossclaim, etc. Counsel shall attach as an appendix to all amended pleadings a “redline” version of the amended pleading showing all additions and deletions of material from the most recent prior pleading. 14. Pro Se/Self-Represented Parties 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. 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: (a) The document shall be prepared so that it complies with the requirements set forth in Local Rule 11-3, i.e., legibility, font, paper, pagination, spacing, title page, page limits, etc. (b) The document shall be emailed as a PDF document to [email protected] no later than the date it is due. The Court will deem the 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. (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. The Court expects pro se/self-represented parties to comply with the Local Rules and the rules set by this Court. The Court has a Pro Se Clinic available to assist those persons who do not have an attorney to represent them. Clinics are located in Los Angeles, Riverside, and Santa Ana. More information can be obtained by calling (213) 385-2977, ext. 270, or visiting the Court’s website at http://prose.cacd.uscourts.gov/. 15. Notice of This Order/Electronically Filed Documents 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. If this case was removed from state court, the removing defendant(s) shall serve this Order on all other parties. 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. IT IS SO ORDERED. Dated: ______________________________ MARK C. SCARSI UNITED STATES DISTRICT JUDGE 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A: FORMAT FOR EVIDENTIARY OBJECTIONS Declaration/Testimony of_____________ Objections Ruling Example 1: Entire Declaration of John Smith Start of Deposition ……………………………. [1. Language subject to objection] 1. E.g., Hearsay, cite. 1. Sustained/ Overruled ……………………………………..................... …………………………………………………... …………………………………………………… [2. Language subject to objection] 2. E.g., Lacks foundation, cite. 2. Sustained/ Overruled …………………………………………………… …………………………………………………… …………………………………………………… [3. Language subject to objection] 3. E.g., Hearsay, cite. 3. Sustained/ Overruled …………………………………………………… …………………………………………………… …………………………………………………… 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B: FORMAT FOR ATTORNEY’S FEES SUMMARY CHARTS Table 1 Task 1: Motion to Dismiss Attorney Attorney 1 (position) Attorney 1 (position) Fee Request for Task 1 Rate $XXX/hour $XXX/hour Hours Total hours spent by Attorney 1 on Task 1 Total hours spent by Attorney 1 on Task 1 Task 1 Sum Task 2: Motion for Summary Judgment Attorney 1 (position) Attorney 1 (position) Fee Request for Task 1 $XXX/hour $XXX/hour Total hours spent by Attorney 1 on Task 1 Total hours spent by Attorney 1 on Task 1 Task 1 Sum Attorney Attorney 1 (position) Rate Table 2 HOURS BY TASK Task Total Hours Spent by Attorney on Task Fee $XXX $XXX Task 1 Sum $XXX $XXX Task 1 Sum TOTALS Hours: Amount: $ Attorney 1 (position) Total Total Hours Spent by Attorney on Task Hours: Amount: $ Hours: Amount: $ i.e., Motion to Dismiss Discovery Deposition Task 4 Task 5 (etc.) Task 18

=== Criminal Case Standing Order Dec. 2021 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Case No. Plaintiff, v. INITIAL STANDING ORDER FOR CRIMINAL CASES ASSIGNED TO JUDGE MARK C. SCARSI ____________________________, Defendant(s). 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This case has been assigned to the calendar of Judge Mark C. Scarsi. Please read this Order carefully as it differs in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court’s Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. The parties were referred to the Court’s Procedures and Schedules to obtain a copy of this Order at the time of the Post Indictment Arraignment (“PIA”) Hearing. Counsel shall comply with this Order, which is effective from the date of the PIA Hearing. A. GENERAL REQUIREMENTS 1. Formatting of Pleadings The caption title of every pleading shall contain the name of the first-listed defendant if the pleading applies to all defendants. If the document applies only to certain defendants, the caption shall list the name of the first defendant followed by the name(s) and number(s) of the remaining defendants involved (in the order listed on the docket). In an effort to create a docket that is clear and that can be searched easily, the title of every pleading shall include the name of the defendant(s) to which it refers. However, if the pleading applies to all defendants or if there is only a single defendant, the name(s) of the defendant(s) do not need to appear in the title. 2. Mandatory Chambers Copies 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 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 list, joint witness list, and any disputes relating to any of the foregoing); (iv) plea 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. Mandatory chambers copies must be printed from CM/ECF, and must include the CM/ECF generated header (consisting of the case number, document control number, date of filing, page number, etc.). Any stapling or binding should not obscure the CM/ECF-generated header. The Court prefers that chambers copies not be two-hole punched or blue-backed; when possible, staple each copy only in the upper left hand corner. B. DISCOVERY Counsel shall comply promptly with discovery and notice pursuant to Rules 12– 12.4 of the Federal Rules of Criminal Procedure. The Court orders the Government to produce the discovery it currently has in its possession within seven days from the date of the PIA Hearing. This includes: (a) the existence or non-existence of evidence obtained by electronic surveillance and testimony by a government informant; and (b) any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963) and related cases. Counsel are ordered to confer and file a joint report no later than 14 days from the date of the PIA Hearing, which shall include: (i) the status of discovery and whether the Government anticipates further discovery to be produced and the date by which it will be submitted to defendant(s); (ii) whether there are any disputes as to the discovery produced thus far; (iii) the anticipated motions to be filed by each party; (iv) whether the parties expect to proceed on the current trial date; and (v) the anticipated length of the trial. The Government shall produce to defendant(s) the discovery related to evidence it seeks to introduce at trial no later than two (2) weeks prior to the scheduled trial date. If there is discovery related to trial evidence that is produced after this date, such evidence will not be admitted at trial subject to an ex parte application being filed by 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Government seeking such relief that is approved by the Court. C. CONTINUANCES 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. Stipulations for excludable time shall conform to the format and standards of this District. D. UNDER SEAL DOCUMENTS 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. 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. 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 without prejudice to an amended application being filed that complies with the foregoing terms. /// 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. For Requests to Seal Documents Only, Not the Application and Order a. Electronically file the application to seal. The supporting declaration, proof of service, if applicable, and proposed order shall be attached to the application (standard procedure for filing application with a proposed order pursuant to Local Civil Rule 52- 4.1). b. Indicate which of the three following actions will be taken if the application is denied: (i) Counsel will file the document(s) in their entirety for public view and consideration by the Court; (ii) Counsel will contact the Courtroom Deputy Clerk to pick up the chambers copy(ies) of the document(s) within 24 hours; or (iii) Counsel will request that the Courtroom Deputy Clerk destroy the chambers copy(ies) of the document(s). Note: If counsel opt for (ii) above and do not contact the Courtroom Deputy Clerk within 24 hours, the documents will be destroyed. c. After electronically filing the application and related documents, email [email protected] 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.” The subject line of the email should include: (a) the case number; (b) the name of the represented party; and (c) the words “UNDER SEAL REQUEST.” If the size of the email requires a second email that is a continuation of the under seal document(s), the subject line shall also include “Part 1” or “Part 2,” etc. d. 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 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on the court day after submission. The envelope shall include the words “COURTESY COPIES FOR UNDER SEAL REQUEST.” 2. For Requests to Seal the Application, Order and Document(s) a. Electronically file a NOTICE OF MANUAL FILING indicating that the following has been submitted to the Court: (i) an application to seal with the attached supporting declaration and proof of service, if applicable; (ii) a proposed order; and (iii) the documents to be placed under seal. b. Send an email to [email protected] 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.” The subject line of the email should include: (a) the case number; (b) the name of the represented party; and (c) the words “UNDER SEAL REQUEST.” If the size of the email requires a second email that is a continuation of the under seal document(s), the subject line shall also include “Part 1” or “Part 2,” etc. c. 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. The envelope shall include the words “COURTESY COPIES FOR UNDER SEAL REQUEST.” 3. Other Important Information Regarding Applications to File Under Seal a. All documents and exhibits shall have a title/caption page pursuant to Local Civil Rule 11-3.8. Exhibits can either be attached to the document which refers to them or submitted as separate Adobe PDFs. Any separate filing shall also contain a title page, which shall indicate the exhibits attached thereto, e.g., “Exhibits 1-10 to Defendant’s Motion to Dismiss”. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. The docket text shall reflect the exact title of the document. Therefore, if there is a known security risk with respect to the identification of a sealed document, the document text shall then reflect the name of the party and/or defendant and sealed type of document, i.e., JOHN DOE’S (2) SEALED MEMORANDUM or DEFENDANT’S SEALED STIPULATION. If the security risk is extreme, then the docket text may reflect the name of the party and/or defendant and sealed document, i.e., GOVERNMENT’S SEALED [DOCUMENT]. c. Redacted documents shall conform to paragraph (b) above. However, the document shall include the word redacted in the title, i.e., JOHN DOE’S (2) MEMORANDUM [REDACTED]. d. Counsel shall make every effort to file a redacted version of a sealed document. If a redacted version of the document is not filed, counsel shall explain the reason in either the application or supporting declaration. e. Any sealed document must clearly mark the information that is confidential or privileged via highlighting in color and/or using brackets. f. Counsel shall adhere to Local Civil Rule 5-4.3.1 with respect to the size of the PDF and, prior to submitting any document(s) to the Court for consideration, shall review each such document to confirm that none is presented with any missing pages. g. All PDF documents shall be searchable. h. The Court will review the submitted documents and make a determination as to whether some or all the documents will remain under seal, made available on the public docket, and/or whether a redacted version is to be filed. E. HEARINGS All criminal matters are heard on Mondays at 3:00 p.m. 1. Sentencing Hearings A sentencing hearing will be scheduled at the conclusion of the plea hearing. It will be scheduled for no less than 14 weeks after the plea hearing to permit the preparation of the presentence report. Both parties will be permitted to file a sentencing 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 brief, which is due no later than 14 days before the sentencing hearing. If either party does not intend to file a brief, the Courtroom Deputy Clerk shall be notified no less than 14 prior to the sentencing Hearing. Any request for a continuance shall be made no later than seven days prior to the date of the hearing. The Court discourages the use of sentencing videos. If counsel believes a video is necessary, it should not be longer than 10 minutes. Videos will not be considered unless a transcript is provided. 2. Change of Plea/Entry of Guilty Plea Hearings Counsel shall contact the Courtroom Deputy Clerk to set a date for the hearing. a. Open Plea / Alford Plea If the parties agree to proceed with an open plea, counsel shall confer and file a stipulation as to the factual basis no later than seven days prior to the hearing. b. Superseding Information or Indictment A superseding information or indictment shall not be attached to the end of the plea agreement. It shall be filed pursuant to the Local Rules and have its own docket entry. Counsel will be referred to PIA to be arraigned on the new charges. F. MOTIONS / MOTIONS IN LIMINE All motions shall be filed 14 days prior to the hearing date. The supporting memorandum shall not exceed 10 pages. Any opposition shall be filed seven days prior to the hearing date and shall not exceed 10 pages. The Court does not require a reply. However, if a party elects to file one, it shall be filed three days prior to the hearing date by 12:00 p.m., and shall not exceed five pages. Proposed orders for motions are not required to be filed. The Court hears all motions in limine, which shall be numbered sequentially by each party who presents them, at the time of the Final Pretrial Conference. 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. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. TRIAL REQUIREMENTS No later than 14 days before the Final Pretrial Conference, counsel shall file the following: 1. Statement of the Case Counsel shall meet and confer 21 calendar days prior to the Final Pretrial Conference to determine if, in lieu of a Joint Statement of the Case, they will stipulate to having each side make a brief (less than five minute) mini-opening statement to the panel of prospective jurors prior to the commencement of voir dire. Such mini-opening statements are not to be argument, but rather a summary of the evidence that each side intends to present. If all parties do not stipulate to the use of mini-opening statements, they shall meet and confer and seek to reach agreement on a Joint Statement of the Case to be read by the Court to the panel of prospective jurors prior to the commencement of voir dire. Counsel shall file the joint statement of the case no later than 14 calendar days prior to the Final Pretrial Conference. If the parties cannot agree on such a joint statement, they shall file a “Disputed Joint Statement of the Case,” which shall include each party’s respective proposed statement, together with a “redline” comparing the parties’ respective statements. The parties shall deliver a courtesy copy pursuant to Local Civil Rule 5-4.5. A final version of the joint statement shall be provided to the Court on the first day of trial. 2. Voir Dire Counsel may submit proposed voir dire questions that are unique to the particular trial. Each party may file their respective questions 14 calendar days prior to the Final Pretrial Conference. 3. Witness List The Government shall file in camera a witness list no later than 14 calendar days prior to the Final Pretrial Conference. The list shall include the witnesses in the order that they are expected to testify, and will provide, to the extent possible, an accurate estimate of the time needed for each witness for direct testimony. It shall also include a 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 brief summary of each witness’ testimony. If more than one witness is offered on the same subject, the summary should be sufficiently detailed to allow the Court to determine if the testimony is cumulative. Not later than 12:00 pm on the Friday before the commencement of trial, the Government and defense counsel shall each email their respective witness lists in Word to [email protected]. If the defendant does not intend to call any witnesses, the email shall so state. 4. Jury Instructions Jury instructions shall be filed no later than 14 calendar days prior to the Final Pretrial Conference. The parties shall make every attempt to agree upon jury instructions before submitting proposals to the Court. The Court prefers Ninth Circuit model instructions. Counsel shall exchange proposed jury instructions (general and special) 28 calendar days prior to the Final Pretrial Conference. Counsel shall exchange any objections to the instructions 21 calendar days prior to the Final Pretrial Conference. Counsel shall meet and confer with the goal of reaching an agreement on one set of joint jury instructions, which shall be filed no later than 14 calendar days before the Final Pretrial Conference. If the parties disagree over any proposed jury instruction(s), the parties shall file: (i) one set of proposed jury instructions to which all parties agree; and (ii) one set of disputed jury instructions, which shall include a “redline” of any disputed language and/or the factual or legal basis for each party’s respective position as to each disputed instruction. Where appropriate, the disputed instructions shall be organized by subject, so that the instructions that address the same or similar issues are presented sequentially. The parties shall deliver a courtesy copy of these documents pursuant to Local Civil Rule 5-4.5. A final “clean” version of the jury instructions, which shall include the text of each instruction (eliminating titles, supporting authority, indication of party proposing, etc.), shall be provided to the Court on the first day of trial and sent via email in Word to [email protected]. /// 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Verdict Forms 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 14 calendar days prior to the Final Pretrial Conference. If the parties are unable to agree on a verdict form, the parties shall file one document titled “Competing Verdict Forms” which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal basis for each party’s respective position if the entire form is being disputed. The parties shall deliver a courtesy copy of these documents pursuant to Local Civil Rule 5-4.5. A final version of the verdict form shall be provided to the Court on the first day of trial and sent via email in Word to [email protected]. 6. Exhibits a. Exhibit List Counsel shall each prepare an exhibit list in compliance with the example below and Local Civil Rule 16-6. Counsel shall meet and confer at least 21 calendar days before the Final Pretrial Conference to discuss and seek to agree, to the extent possible, on issues including foundation and admissibility of proposed exhibits by the Government. The exhibit list shall comply with Local Civil Rule 16-6.1. The Government shall file its exhibit list 14 calendar days prior to the Final Pretrial Conference. Counsel shall file a “Notice of 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Disputed Exhibits,” if applicable, which shall set forth the basis for any disputed exhibit(s). Counsel shall confer so that there are no duplicate exhibits. 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 [email protected]. If the defendant does not intend to offer any exhibits, then the email shall so state. b. Exhibit Preparation One original (witness copy) and one copy (bench copy) shall be presented to the Courtroom Deputy Clerk on the first day of trial. The exhibits shall be presented in a binder. Each binder shall be clearly labeled on the spine to include the case name, party and volume umber. The Court does not require specific exhibit tags so long as each document is Bates stamped and separated with a divider that is numbered. Each party shall use a different number sequence and shall comply with Local Civil Rule 26-3. c. Voluminous/Security Prone Trial Exhibits/Materials 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. Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial. It shall be the responsibility of the agent to produce any such items for the Court, secure them at all times that the Court is not in session, and guard them at all times while in the courtroom. The United States Marshals Service shall be advised whenever weapons or contraband are to be brought 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 into the courthouse. d. Video Exhibits Counsel shall seek admission only of the portions of video exhibits played before the jury. The Court will not admit extraneous portions of videos and will strictly control the admission of any wasteful or cumulative video exhibits under Rule 403. 7. Glossary/Notice At least one week before trial, the parties much confer and file a glossary of terms for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of names likely to be cited, and any other case-specific terminology. H. ATTORNEY AND PARTY CONDUCT AT TRIAL 1. Trial Schedule Trials are generally conducted Tuesday through Friday. The Court will adopt a particular time schedule on a case-by-case basis. In general, the schedule will be either: (i) from 8:30 a.m. to 2:30 p.m. with two or three 20-minute breaks; or (ii) from 9:00 a.m. to 4:30 p.m., with a 15-minute break in both the morning and the afternoon, and a one-hour lunch break. This schedule may be changed for each trial and during each trial depending on the scheduling needs of jurors, witnesses, counsel or the Court. Defense counsel is responsible for making the necessary arrangements with the United States Marshals Service so that any defendant who is in custody is provided clothing and/or snacks. a. Courtesy Copies 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. To the extent changes are made to the jury instructions, verdict form, or exhibit list, a Word version shall be emailed 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 immediately to [email protected]. 2. Trial Conduct a. Jury Selection The Court will seat as prospective jurors the same number of jurors who will serve at trial. The Court will conduct voir dire of this panel, which may include questions proposed by counsel both prior to trial and during the voir dire process. Whether counsel voir dire will be permitted will be determined during voir dire. After any potential juror is excused for cause, a replacement juror will be placed in the vacant seat and will respond to voir dire. Once a panel is in place to which there are no remaining or unadjudicated “for cause” challenges, counsel for each side will be permitted to exercise their respective peremptory challenge(s) through the Court. Upon the exercise of a peremptory challenge, a replacement juror will be seated, will respond to voir dire and will be subject to a “for cause” challenge before any remaining peremptory challenge is exercised. b. Opening Statements, Examining Witnesses and Summation At the end of each day, counsel presenting his or her case shall advise opposing counsel of the witnesses expected to testify the following day, with an estimate of the length of direct examination for each witness. Opposing counsel shall provide an estimate of the length of cross-examination for each witness. Cooperation of counsel will ensure an efficient trial process. It is the responsibility of all counsel to arrange the appearance of witnesses in order to avoid delay. Opening statements, examination of witnesses and summation will be from the lectern only. Counsel should not spend an unreasonable amount of time writing out words or drawing charts or diagrams. Counsel may do so in advance and explain that the item was prepared earlier to save time as ordered by the Court. The Court will honor reasonable time estimates for opening and closing presentations to the jury. In jury trials, where a party has more than one lawyer, only one may conduct the 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 direct or cross-examination of a given witness. If a witness is on the stand when a recess is taken, it is counsel’s duty to have the witness back on the stand, ready to proceed, when the trial resumes. If a witness was on the stand at a recess or adjournment, it is counsel’s duty to have the witness adjacent to, but not on, the stand, ready to proceed when the trial resumes. Any witness who is not a party to the case shall refrain from talking with a party or with a party’s counsel during a recess or adjournment. It is counsel’s duty to notify the Courtroom Deputy Clerk in advance if any witness should be accommodated in an appropriate manner due to any disability or other physical need. The Court attempts to accommodate physicians, scientists and all other professional witnesses and will, except in extraordinary circumstances, permit them to testify out of order. The Court may do the same with respect to non-party witnesses who have work or family commitments. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is objection to having a particular witness called out of order, counsel shall confer with the Court in advance. c. Objections and General Decorum When objecting, counsel must stand to state the objection and state only that counsel objects and the legal ground for objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so; the Court may or may not grant a request for conference at sidebar. The Court strongly discourages the excessive use of sidebars because this is inefficient. Instead, evidentiary issues should be anticipated in advance of trial and should be addressed through motions in limine and/or in connection with the rulings on exhibits. Counsel must not approach the Courtroom Deputy Clerk or the witness stand without permission. When permission is given, counsel shall return to the lectern when the task has been completed. Counsel must not engage in questioning a witness at the 15 witness stand absent specific approval by the Court. Counsel must address all remarks to the Court. Counsel are not to address the Courtroom Deputy Clerk, the Reporter, persons in the audience or opposing counsel. If counsel wishes to speak with opposing counsel, counsel must ask permission to talk off the record. Any request for the re-reading of questions or answers shall be addressed to the Court, not to the court reporter. Counsel must not make an offer of stipulation unless counsel already has conferred with opposing counsel and has reason to believe the stipulation will be acceptable. On the first day of trial counsel shall advise the Court of any commitments that may result in counsel’s absence or late arrival on any day of the trial. I. LOCAL RULES Pursuant to Local Criminal Rule 57-1, the Local Civil Rules of the Central District of California shall govern the conduct of criminal proceedings before this Court unless otherwise specified. IT IS SO ORDERED. Dated: December 14, 2021 MARK C. SCARSI UNITED STATES DISTRICT JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16

=== Joint Exhibit List Template ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. Plaintiff, JOINT EXHIBIT LIST [TEMPLATE] Defendant. , v. , Exhibit Number 3 Description 1/30/80 letter from Doe to Roe Objection and Reasons Hearsay for which there is no exception. Date Identified Date Admitted 1.

=== Joint Proposed Final Pretrial Conference Order Template ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , , Plaintiff(s), v. Defendant(s). Case No. CV-__________-MCS (__x) FINAL PRE-TRIAL CONFERENCE ORDER Trial Date: Final Pre-Trial Conference: Judge: Hon. Mark C. Scarsi 1 TABLE OF CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. THE PARTIES AND PLEADINGS ........................................................... 3 JURISDICTION .......................................................................................... 3 TRIAL DURATION ................................................................................... 3 JURY TRIAL .............................................................................................. 3 ADMITTED FACTS ................................................................................... 3 STIPULATED FACTS ............................................................................... 3 PARTIES’ CLAIMS AND DEFENSES ..................................................... 4 REMAINING TRIABLE ISSUES .............................................................. 4 DISCOVERY .............................................................................................. 4 10. DISCLOSURES AND EXHIBIT LIST ...................................................... 5 11. WITNESS LISTS ........................................................................................ 5 12. MOTIONS IN LIMINE ............................................................................... 5 13. BIFURCATION .......................................................................................... 5 14. ADMISSIONS ............................................................................................. 5 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 Following pre-trial proceedings, pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16, IT IS ORDERED: 1. THE PARTIES AND PLEADINGS Plaintiff’s second cause of action for breach of fiduciary duty has been dismissed. 2. JURISDICTION It is stipulated that subject matter jurisdiction over this action exists under 28 U.S.C. § ___, and venue is proper in this District and this Division pursuant to 28 10 U.S.C. § ___. 3. 11 12 13 14 4. 15 16 17 18 19 20 21 TRIAL DURATION The trial is estimated to take ___. JURY TRIAL The trial is to be a jury trial. Plaintiff and Defendant shall serve and file “Agreed Upon Set of Jury Instructions and Verdict Forms” as well as the “Joint Statement re Disputed Instructions, Verdicts, etc.” by no later than ___. 5. ADMITTED FACTS The following facts are admitted and require no proof: 22 6. 23 STIPULATED FACTS The following facts, though stipulated, shall be without prejudice to any 24 evidentiary objection: 25 26 27 28 3 1 2 3 4 5 6 7 8 9 10 11 7. PARTIES’ CLAIMS AND DEFENSES Plaintiff’s Claims: (a) Plaintiff plans to pursue the following claims against Defendant: Claim 1: Claim 2: (b) The elements required to establish Plaintiff’s claims are: Claim 1: Claim 2: (c) The Key Evidence Plaintiff Relies on for Each Claim Claim 1: Claim 2: 12 Defendant’s Affirmative Defenses: (a) Defendant plans to pursue the following affirmative defenses: Defense 1: Defense 2: (b) The elements required to establish Defendant’s affirmative defenses are: Defense 1: Defense 2: 8. REMAINING TRIABLE ISSUES In view of the admitted facts and the elements required to establish the claims and affirmative defenses, the following issues remain to be tried: 13 14 15 16 17 18 19 20 21 22 DISCOVERY All discovery is complete. 4 23 9. 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 10. DISCLOSURES AND EXHIBIT LIST All disclosures under Fed. R. Civ. P. 26(a)(3) have been made. The joint exhibit list of the parties has been filed under separate cover as required by L.R. 16-6.1 (“Joint Exhibit List”). In view of the volume of exhibits marked by each party, the parties have incorporated in the attached “Joint Exhibit List” all agreements regarding admitted exhibits, and all objections, including the grounds therefor. 11. WITNESS LISTS Witness lists of the parties shall be filed with the Court not later than ___. Only the witnesses identified on the lists will be permitted to testify (other than solely for impeachment). 12. MOTIONS IN LIMINE Motions in Limine or law and motion matters shall be filed with the Court not later than ___. The parties have met and conferred on the motions in limine. The following motions in limine, and no others, are pending or contemplated: 13. BIFURCATION Bifurcation of the following issues for trial is ordered. 14. ADMISSIONS The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues remaining to be litigated, this Final Pre-Trial 23 / / / 24 25 26 27 28 5 Order shall supersede the pleadings, and govern the course of the trial of this cause, unless modified to prevent manifest injustice. DATED: _______________________________________ HONORABLE MARK C. SCARSI UNITED STATES DISTRICT COURT JUDGE 1 2 3 4 5 6 7 8 9 10 11 Approved as to form and content: Dated: _ Counsel for Plaintiff By: Counsel for Plaintiff Dated: Counsel for Defendant By: Counsel for Defendant 6 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

=== Order re Jury Court Trial Jan. 2022 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , v. , et al., Case No. * Plaintiff, ORDER RE: JURY/COURT TRIAL Defendant. I. SCHEDULE II. TRIAL PREPARATION III. CONDUCT OF ATTORNEYS AND PARTIES 1 I. SCHEDULE The Scheduling Order governing this case is set forth in the Schedule of Pretrial and Trial Dates chart below. Whether this is a jury trial or court trial is indicated in the upper right hand box. If the parties wish to set additional dates, they may file a separate Stipulation and Proposed Order. This may be especially appropriate in class actions, patent cases, or cases for benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). Please refer to the Court’s 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Deadlines for Motions All motions must be noticed to be heard on or before their respective deadlines. All unserved parties will be dismissed at the time of the pretrial conference pursuant to Local Rule 16-8.1. B. Discovery Cut-Off and Discovery Disputes 1. Discovery Cut-off: The cut-off date for discovery is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, must be completed. Thus, written discovery must be served, and depositions must begin, sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge via motion practice responses deemed to be deficient. 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. 2. Expert Discovery: All expert disclosures must be made in writing. The parties should begin expert discovery shortly after the initial designation of experts. The final pretrial conference and trial dates will not be continued merely because expert discovery is not completed. Failure to comply with these or any other orders concerning expert discovery may result in the expert being excluded as a witness. 3. Discovery Disputes: Counsel must use best efforts to resolve discovery problems among themselves in a courteous, reasonable, and professional manner. Counsel must adhere to the Civility and Professionalism Guidelines at http://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism- guidelines. 4. Discovery Motions: Discovery motions are handled by the Magistrate Judge assigned to the case. 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. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Law and Motion and Local Rule 7-3 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). Please see the standing order for specific instructions regarding Motions to Dismiss, Motions to Amend, Motions for Summary Judgment, and other requests. D. Settlement Conference/Alternative Dispute Resolution Procedures Pursuant to Local Rule 16-15, the parties in every case must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure. The Scheduling Order indicates the procedure the parties shall use. If the parties prefer an ADR procedure other than the one ordered by the Court, they shall file a Stipulation and Proposed Order. This request will not necessarily be granted. 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. No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference. E. Final Pretrial Conference/Proposed Final Pretrial Conference Order The Court has set a Final Pretrial Conference (“FPTC”) pursuant to Fed. R. Civ. P. 16 and Local Rule 16-8. THE COURT REQUIRES STRICT COMPLIANCE WITH FED. R. CIV. P. 16 AND 26, AND LOCAL RULE 16. Each party appearing in this action must be represented at the FPTC by the lead trial counsel for that party. Counsel must be prepared to discuss streamlining the trial, including presentation of testimony by deposition excerpts or summaries, time limits, stipulations as to undisputed facts, and qualification of experts by admitted resumes. 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 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 so chambers can prepare. A template for the Proposed FPTCO is available on Judge Scarsi’s webpage. The parties MUST use this template. In specifying the surviving pleadings under section 1, state which claims or counterclaims have been dismissed or abandoned, e.g., “Plaintiff’s second cause of action for breach of fiduciary duty has been dismissed.” Also, in multiple-party cases where not all claims or counterclaims will be prosecuted against all remaining parties on the opposing side, please specify to which party each claim or counterclaim is directed. The parties must attempt to agree on and set forth as many uncontested facts as possible. The Court will usually read the uncontested facts to the jury at the start of trial. A carefully drafted and comprehensively stated stipulation of facts will shorten the trial and increase jury understanding of the case. In drafting the factual issues in dispute, the parties should attempt to state issues in ultimate fact form, not in the form of evidentiary fact issues. The issues of fact should track the elements of a claim or defense on which the jury will be required to make findings. Issues of law should state legal issues on which the Court will be required to rule during the trial and should not list ultimate fact issues to be submitted to the trier of fact. The parties shall email the Proposed FPTCO in Microsoft Word format to chambers at [email protected]. II. TRIAL PREPARATION THE PARTIES MUST STRICTLY COMPLY WITH LOCAL RULE 16. Please review Local Rule 16-2. Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person 40 days in advance to prepare for the FPTC. This Order sets forth some requirements different from or in addition to those set out in Local Rule 16. The Court may take the FPTC off calendar or impose other sanctions for failure to comply with these requirements. /// 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Schedule for Filing Pretrial Documents for Jury and Court Trials Copies of all pretrial documents shall be delivered to the Court “binder-ready” (three-hole punched on the left side, without blue-backs, and stapled only in the top left corner). 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 [email protected] . The schedule for filing pretrial documents is as follows:  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)  At least 2 weeks (14 days) before the Final Pretrial Conference: • Oppositions to Motions in Limine • Joint Proposed Final Pretrial Conference Order • 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) /// 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Motions in Limine No side may file more than 5 motions in limine without leave of court. Motions in limine will be heard and ruled on at the FPTC. The Court may rule on motions in limine orally only instead of in writing. All motions in limine must be filed at least 3 weeks (21 days) before the final pretrial conference; oppositions must be filed at least 2 weeks (14 days) before the final pretrial conference; there will be no replies. Motions in limine and oppositions must not exceed 10 pages in length. 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. Motions in limine should address specific issues (e.g., not “to exclude all hearsay”). Motions in limine should not be disguised motions for summary adjudication of issues. 2. Witness Lists Witness Lists must be filed 3 weeks (21 days) before the FPTC. They must be in the format specified in Local Rule 16-5, and must also include for each witness (i) a brief description of the testimony, (ii) what makes the testimony unique, and (iii) a time estimate in hours for direct and cross-examination (separately stated). Please follow the template posted to Judge Scarsi’s webpage. Any Amended Witness List must be filed by 12:00 p.m. (noon) the Friday before trial. 3. Joint Exhibit List The Joint Exhibit List must be filed 3 weeks (21 days) before the FPTC. It must be in the format specified in Local Rule 16-6, and shall include an additional column stating any objections to authenticity and/or admissibility, and the reasons for the objections. Please follow the template posted to Judge Scarsi’s webpage. Any Amended Joint Exhibit List must be filed by 12:00 p.m. (noon) the Friday before trial. 4. Jury Instructions (jury trial only) Jury instructions must be filed no later than 2 weeks (14 days) prior to the FPTC. The parties shall make every attempt to agree upon jury instructions before submitting 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. • 2 weeks (14 days) before FPTC: counsel shall file their (1) Joint/Agreed Proposed Jury Instructions and their (2) Disputed Jury Instructions. If the parties disagree on any proposed jury instructions, they shall file: (i) 1 set of Joint/Agreed Proposed Jury Instructions to which all parties agree; and (ii) 1 set of Disputed Jury Instructions, which shall include a “redline” of any disputed language and/or the factual or legal basis for each party’s position as to each disputed instruction. Where appropriate, the disputed instructions shall be organized by subject, so that instructions that address the same or similar issues are presented sequentially. If there are excessive or frivolous disagreements over jury instructions or the special verdict form, the Court will order the parties to further meet and confer before trial and/or during trial until they substantially narrow their disagreements. Sources: When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of this case. Where California law applies, counsel should use the current edition of the Judicial Council of California Civil Jury Instructions (“CACI”). If neither applies, counsel should consult the current edition of O’Malley, et al., Federal Jury Practice and Instructions. Counsel may submit alternatives to these instructions only if there is a reasoned argument that 9 they do not properly state the law or that they are incomplete. The Court seldom if ever gives instructions derived solely from cases. Format: Each requested instruction shall (1) cite the authority or source of the instruction, (2) be set forth in full, (3) be on a separate page, (4) be numbered, (5) cover only one subject or principle of law, and (6) not repeat principles of law contained in any other requested instruction. If a standard instruction has blanks or offers options (i.e. “he/she”), the parties must fill in the blanks or make the appropriate selections in their proposed instructions. Index: The Proposed Instructions must have an index that includes the following for each instruction, as illustrated in the example below: • the number of the instruction; • the title of the instruction; • the source of the instruction and any relevant case citations; and • the page number of the instruction. Example: Instruction Number 1 Title Trademark-Defined (15.U.S.C. § 1127) Source 9th Cir. 8.5.1 Page Number 1 During the trial and before closing argument, the Court will meet with counsel to settle the instructions, and counsel will have an opportunity to make a further record concerning their objections. 5. Joint Verdict Forms (jury trial only) 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. If the parties are unable to agree on a verdict form, the parties shall file one document titled “Competing Verdict Forms” which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 language; and (iii) the factual or legal basis for each party’s respective position if the entire form is being disputed. 6. Joint Statement of the Case (jury trial only) 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. This should be a brief neutral statement no more than one page long. 7. Voir Dire (jury trial only) The Court will conduct the voir dire. The Court asks prospective jurors basic questions (jurors’ place of residence, employment, whether familiar with the parties or counsel, etc.), and may ask additional case-specific questions. 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. Generally, a jury consists of eight jurors. In most cases, the Court seats 16 prospective jurors in the jury box and conducts its initial voir dire. Each side has 3 peremptory challenges. If 14 jurors are seated in the box and all 6 peremptory challenges are exercised, the remaining 8 jurors will constitute the jury panel. If fewer than 6 peremptory challenges are exercised, the 8 jurors in the lowest numbered seats will be the jury. The Court will not necessarily accept a stipulation to a challenge for cause. If one or more challenges for cause are accepted, and all 6 peremptory challenges are exercised, the Court may decide to proceed with 6 or 7 jurors. 8. Proposed Findings of Fact and Conclusions of Law (court trial only) 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. The parties may submit Supplemental Proposed Findings of Fact and Conclusions of Law during the trial. Once trial concludes, the Court may order the parties to file Revised Proposed Findings of Fact and Conclusions of Law. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Declarations for Direct Testimony (court trial only) 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. Each party shall file any evidentiary objections to the declaration(s) submitted by any other party by 2 weeks (14 days) before the FPTC. Such objections shall be submitted in the following three- column format: (i) the left column should contain a verbatim quote of each statement objected to (including page and line number); (ii) the middle column should set forth a concise objection (e.g., hearsay, lacks foundation, etc.) with a citation to the Fed. R. Evid. or, where applicable, a case citation; and (iii) the right column should provide space for the court’s ruling on the objection. The Court anticipates issuing its ruling on the objections the same date as the FPTC. B. Trial Exhibits Trial exhibits that consist of documents must be submitted to the Court in three- ring binders. Counsel shall submit to the Court one original set of exhibit binders, and one copy: the original set shall be for the witnesses, and the copy set is for the Court. All exhibits must be placed in three-ring binders indexed by exhibit number with tabs or dividers on the right side. Exhibits shall be numbered 1, 2, 3, etc., not 1.1, 1.2, etc. The defendant’s exhibit numbers shall not duplicate plaintiff’s numbers. For all 3 sets of binders, the spine of each binder shall indicate the volume number and the range of exhibit numbers included in the volume. • The original set of exhibits shall have official exhibit tags (yellow tags for plaintiff’s exhibits, and blue tags for defendant’s exhibits) affixed to the front upper right-hand corner of the exhibit, with the case number, case name, and exhibit number stated on each tag. Tags may be obtained from the Clerk’s Office, or counsel may print their own exhibit tags using Forms G-14A and G-14B on the “Court Forms” section of the Court’s website. • The copy set of the exhibits shall not have official exhibit tags but must be 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 indexed with tabs or dividers on the right side. Counsel will review the exhibit list and the exhibit binders with the Courtroom Deputy Clerk (“CRD”) before the admitted exhibits are given to the jury. The Court provides audio/visual equipment for use during trial. More information is available at http://www.cacd.uscourts.gov/clerk-services/courtroom- technology . The Court does not permit exhibits to be “published” by passing them up and down the jury box. Exhibits may be displayed briefly using the screens in the courtroom, unless the process becomes too time-consuming. Counsel must meet and confer not later than 10 days before trial to stipulate as far as possible to foundation, to waiver of the best evidence rule, and to exhibits that may be received into evidence at the start of the trial. The exhibits to be so received will be noted on the Court’s copy of the exhibit list. C. Materials to Present on First Day of Trial Counsel must present these materials to the CRD on the first day of trial: 1. The 3 sets of exhibit binders (1 original, 2 copies) described above. 2. Any deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Court’s use; counsel must use their own copies during trial. D. Court Reporter Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify the court reporter at least 2 weeks before the hearing date. E. Jury Trial On the first day of trial, court will commence at 8:30 a.m. and conclude at approximately 4:30 p.m., with a 1-hour lunch break. Counsel must appear at 8:30 a.m. to discuss preliminary matters with the Court The Court will call a jury panel only when it is satisfied that the matter is ready for trial. Jury selection usually takes only a few hours. Counsel should be prepared to proceed with opening statements and witness 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 examination immediately after jury selection. Mondays are usually reserved for the Court’s calendar, so generally there will not be trial on Mondays, unless a jury is deliberating. Trial days are generally Tuesday through Friday, from 9:00 a.m. to approximately 4:30 p.m., with two 15-minute breaks and a 1-hour lunch break. III. CONDUCT OF ATTORNEYS AND PARTIES A. Meeting and Conferring Throughout Trial The parties must meet and confer on an ongoing basis throughout trial on all issues as they come up. The Court will not resolve any issue during trial unless and until the parties have attempted to resolve it themselves. The Court strictly enforces this rule. B. Opening Statements, Examining Witnesses, and Summation Counsel must use the lectern. Counsel must not consume time by writing out words, drawing charts or diagrams, etc. Counsel may prepare such materials in advance. The Court will establish and enforce time limits for opening statements and closing arguments, and for examination of witnesses. C. Objections to Questions Counsel must not use objections to make a speech, recapitulate testimony, or attempt to guide the witness. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal ground of objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so. D. General Decorum 1. Counsel must not approach the CRD or the witness box without specific permission and must return to the lectern when the purpose for approaching has been accomplished. 2. Counsel must rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom, unless directed otherwise. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Counsel must address all remarks to the Court. Counsel must not address the CRD, the court reporter, persons in the audience, or opposing counsel. Any request to re-read questions or answers shall be addressed to the Court. Counsel must ask the Court’s permission to speak with opposing counsel. 4. Counsel must not address or refer to witnesses or parties by first names alone, with the exception of witnesses under 14 years old. 5. Counsel must not offer a stipulation unless counsel have conferred with opposing counsel and have verified that the stipulation will be acceptable. 6. While Court is in session, counsel must not leave counsel table to confer with any person in the back of the courtroom without the Court’s permission. 7. Counsel must not make facial expressions, nod, shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness. Counsel shall admonish their clients and witnesses not to engage in such conduct. 8. Counsel must never talk to jurors at all, and must not talk to co- counsel, opposing counsel, witnesses, or clients where the conversation can be overheard by jurors. Counsel should admonish their clients and witnesses to avoid such conduct. 9. Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness, or make objections as to that witness. E. Promptness of Counsel and Witnesses 1. Promptness is expected from counsel and witnesses. Once counsel are engaged in trial, this trial is counsel’s first priority. The Court will not delay the trial or inconvenience jurors. 2. If a witness was on the stand at a recess or adjournment, counsel who called the witness shall ensure the witness is back on the stand and ready to proceed when trial resumes. Any witness who is not a party to the case shall refrain from talking with a party or with a party’s counsel during a recess or adjournment. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Counsel must notify the CRD in advance if any witness should be accommodated based on a disability or for other reasons. 4. No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available and there is more than a brief delay, the Court may deem that party to have rested. 5. The Court attempts to cooperate with professional witnesses and generally accommodates them by permitting them to be called out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is an objection, counsel must confer with the Court in advance. F. Exhibits 1. Each counsel must keep counsel’s own list of exhibits and must note when each has been admitted into evidence. 2. Each counsel is responsible for any exhibits that counsel secures from the CRD and must return them before leaving the courtroom at the end of the session. 3. An exhibit not previously marked must, at the time of its first mention, be accompanied by a request that it be marked for identification. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned. 4. Counsel must advise the CRD of any agreements with respect to the proposed exhibits and as to those exhibits that may be received without further motion to admit. 5. When referring to an exhibit, counsel must refer to its exhibit number. Witnesses should be asked to do the same. 6. Counsel must not ask witnesses to draw charts or diagrams, or ask the Court’s permission for a witness to do so. Any graphic aids must be fully prepared before the court session starts. 7. Counsel shall seek admission only of the portions of video exhibits 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 played before the jury. The Court will not admit extraneous portions of videos and will strictly control the admission of any wasteful or cumulative video exhibits under Rule 403. G. Depositions 1. In using depositions of an adverse party for impeachment, counsel may adhere to either one of the following procedures: a. If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel shall first state the page and line where the reading begins and the page and line where the reading ends, and allow time for any objection. Counsel may then read the portions of the deposition into the record. b. If counsel wishes to ask the witness further questions on the subject matter, the deposition shall be placed in front of the witness and the witness told to read the relevant pages and lines silently. Then counsel may either ask the witness further questions on the matter and thereafter read the quotations, or read the quotations and thereafter ask further questions. Counsel should have an extra copy of the deposition for this purpose. 2. Where a witness is absent and the witness’s testimony is offered by deposition, counsel may (a) have a reader occupy the witness chair and read the testimony of the witness while the examining lawyer asks the questions, or (b) have counsel read both the questions and the answers. H. Using Numerous Answers to Interrogatories and Requests for Admission Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one or more lengthy documents, counsel should prepare a new document listing each question and answer and identifying the document from which it has been extracted. Copies of this new document should be given to the Court and opposing counsel. 17 I. Advance Notice of Unusual or Difficult Issues 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. 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. Parties appearing pro se must comply with the Federal Rules of Civil Procedure and the Local Rules. See Local Rules 1-3 and 83-2.2.3. IT IS SO ORDERED. Dated: December 29, 2021 _______________________________________ MARK C. SCARSI UNITED STATES DISTRICT JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18

=== Order Setting Scheduling Conference V5 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , v. , Case No. Plaintiff, ORDER SETTING SCHEDULING CONFERENCE Date: Time: 10:00 A.M. Defendants. Courtroom: 7C READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Mark C. Scarsi. This matter is set for a Scheduling Conference on the above date in Courtroom 7C of the First Street Courthouse, 350 West First Street, Los Angeles, CA, 90012. 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. At the Scheduling Conference, the Court will set a date by which motions to amend the pleadings or add parties must be heard. The Scheduling Conference will be held pursuant to Fed. R. Civ. P. Rule 16(b). The parties are reminded of their obligations under Fed. R. Civ. P. 26(a)(1) to make 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 initial disclosures without awaiting a discovery request, and under Fed. R. Civ. P. 26(f) to confer on a discovery plan by 21 days before the Scheduling Conference. The Court encourages counsel to agree to begin to conduct discovery actively before the Scheduling Conference. At the very least, the parties shall comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery, because at the Scheduling Conference the Court will impose strict deadlines to complete discovery. I. Joint Rule 26(f) Report The Joint Rule 26(f) Report must be filed by 14 days before the Scheduling Conference. The Report shall be drafted by plaintiff (unless the parties agree otherwise) but shall be submitted and signed jointly. “Jointly” means a single report, regardless of how many separately-represented parties there are. The Joint Rule 26(f) Report shall specify the date of the Scheduling Conference on the caption page. It shall report on all matters described below, as specified by Fed. R. Civ. P. 26(f) and Local Rule 26: a. Statement of the Case: A short synopsis (not to exceed two pages) of the main claims, counterclaims, and affirmative defenses. b. Subject Matter Jurisdiction: A statement of the specific basis of federal jurisdiction, including supplemental jurisdiction. If there is a federal question, cite the federal law under which the claim arises. c. Legal Issues: A brief description of the key legal issues, including any unusual substantive, procedural or evidentiary issues. d. Parties, Evidence, etc.: A list of parties, percipient witnesses, and key documents on the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates. Damages: The realistic range of provable damages. Insurance: Whether there is insurance coverage, the extent of coverage, e. f. and whether there is a reservation of rights. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g. Motions: A statement of the likelihood of motions seeking to add other parties or claims, file amended pleadings, transfer venue, etc. h. Dispositive Motions: A description of the issues or claims that any party believes may be determined by motion for summary judgment. Please refer to the Standing Order for specific guidelines governing summary judgment motions. i. Manual for Complex Litigation: Whether all or part of the procedures of the Manual for Complex Litigation should be utilized. j. Status of Discovery: A discussion of the present state of discovery, including a summary of completed discovery. k. Discovery Plan: A detailed discovery plan, as contemplated by Fed. R. Civ. P. 26(f). State what, if any, changes in the disclosures under Fed. R. Civ. P. 26(a) should be made, the subjects on which discovery may be needed and whether discovery should be conducted in phases or otherwise be limited, whether applicable limitations should be changed or other limitations imposed, and whether the Court should enter other orders. A statement that discovery will be conducted as to all claims and defenses, or other vague description, is not acceptable. l. Discovery Cut-off: A proposed discovery cut-off date. This means the final day for completion of discovery, including resolution of all discovery motions. m. Expert Discovery: Proposed dates for expert witness disclosures (initial and rebuttal) and expert discovery cut-off under Rule 26(a)(2). n. Settlement Conference / Alternative Dispute Resolution (“ADR”): A statement of what settlement discussions have occurred (excluding any statement of the terms discussed). If a Notice to Parties of Court- Directed ADR Program (Form ADR-08) was filed in this case, the Court will refer it to the magistrate judge, the Court Mediation Panel, or to 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 private mediation (at the parties’ expense). The parties must indicate their preference in their Joint Rule 26(f) Report. No case will proceed to trial unless all parties, including an officer with full settlement authority for corporate parties, have appeared personally at an ADR proceeding. o. Trial Estimate: A realistic estimate, in days, of the court time required for trial and whether trial will be by jury or by court. Each side should specify (by number, not by name) how many witnesses it contemplates calling. If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four court days, counsel shall be prepared to discuss in detail the basis for the estimate. p. q. Trial Counsel: The name(s) of the attorney(s) who will try the case. Independent Expert or Master: Whether this is a case in which the Court should consider appointing a master pursuant to Fed. R. Civ. P. 53 or an independent scientific expert. (The appointment of a master may be especially appropriate if there are likely to be substantial discovery disputes, numerous claims to be construed in connection with a summary judgment motion, a lengthy Daubert hearing, a resolution of a difficult computation of damages, etc.). r. Schedule Worksheet: Complete the Schedule of Pretrial and Trial Dates Worksheet (“Worksheet”) attached to this Order and include it with your Joint Rule 26(f) Report. For putative class actions, parties should only complete the Schedule of Class Certification Dates Worksheet and attach that with the Joint Rule 26(f) Report. The parties MUST submit a completed Worksheet with their Joint Rule 26(f) Report. The Court ORDERS the parties to make every effort to agree on dates. The entries in the “Weeks Before FPTC” column reflect what the Court believes is appropriate for most cases and will allow the Court to rule on potentially dispositive motions sufficiently in advance of the Final Pretrial 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conference. The deadlines in the Schedule of Class Certification Dates Worksheet reflect what the Court believes is most appropriate for putative class action cases. However, for either worksheet, counsel may propose earlier last dates by which the key requirements must be completed. Each date should be stated as month, day, and year, e.g., 10/15/2019. Hearings shall be on Mondays at 9:00 A.M. Other deadlines (those not involving the Court) can be any day of the week. Counsel must avoid holidays. The Court may order different dates from those counsel propose. Absent compelling circumstances supported by a detailed explanation presented in the Joint Rule 26(f) Report, the parties must propose dates such that trial will begin within 18 months of the filing or removal of the case. This is a firm outside limit. In most cases the Court will issue a scheduling order bringing the case to trial in fewer than 18 months. The discovery cut-off date is the last day by which all depositions must be completed, responses to previously-served written discovery must be provided, and motions concerning discovery disputes must be heard. The cut-off date for motions is the last date on which motions may be heard, not filed. If the parties wish the Court to set dates in addition to those on the Worksheet, they may so request by a separate Stipulation and Proposed Order. This is often appropriate for class actions, patent cases, and cases for benefits under Employee Retirement Income Security Act of 1974 (“ERISA”). s. Other issues: A statement of any other issues affecting the status or management of the case (e.g., unusually complicated technical or technological issues, disputes over protective orders, extraordinarily voluminous document production, non-English speaking witnesses, 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADA-related issues, discovery in foreign jurisdictions, etc.) and any proposals concerning severance, bifurcation, or other ordering of proof. The Joint Rule 26(f) Report should set forth the above-described information under section headings corresponding to those in this Order. II. Scheduling Conference a. Continuance: A request to continue the Scheduling Conference will be granted only for good cause. b. Vacating the Scheduling Conference: The Court often vacates the Scheduling Conference and issues the Scheduling Order based solely on the Joint Rule 26(f) Report. c. Participation: It there is a hearing, lead trial counsel must attend. III. Notice to be Provided by Counsel Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances. IV. Disclosures to Clients Counsel are ordered to deliver to their clients a copy of this Order and of the Court’s Order Re: Jury/Court Trial, which will contain the schedule that the Court sets at the Scheduling Conference. V. Court’s Website This and all other generally applicable orders of this Court are available on the Central District of California website, www.cacd.uscourts.gov. The Local Rules are also available on the Court’s website. Parties appearing pro se must comply with the Federal Rules of Civil Procedure and the Local Rules. See Local Rule 1-3, 83-2.2.3. / / / / / / 6 The Court thanks the parties and their counsel for their anticipated cooperation. IT IS SO ORDERED. Dated: __________________________________ HONORABLE MARK C. SCARSI UNITED STATES DISTRICT COURT JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

=== Witness List Template ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , v. , Plaintiff, Defendant. Case No. WITNESS LIST [TEMPLATE] Witness’s Name*, Phone Number, Address Jane Doe 1111 Main St., Los Angeles., CA 99999 213-999-9999 Summary of Testimony / Why Testimony Unique Will testify what she saw at accident. Unique in that she is the only eye- witness Time for Direct Exam (hours) Time for Cross Exam (hours) 2 hours 1 hour Dates of Testimony [To be filled in during trial] *Indicates that witness will be called only if the need arises. 1.