Judge Consuelo B. Marshall -- United States District Court, Central District of California
Courtroom 8D, 8th Floor, Felicitas and Gonzalo Mendez United States Courthouse, Los Angeles
warning
Key Traps — Where Counsel Gets Caught
- 1. Motion hearings only on Tuesdays at 10:00 a.m. — most CA-CD judges hear motions on Fridays or Mondays; Tuesday calendar is atypical
- 2. Reply briefs capped at 10 PAGES — a page-limit trap on replies where motions/oppositions default to L.R. 11-6's 25 pages
- 3. Footnotes must be typeface at least two sizes smaller than body text (e.g., 12-pt if body is 14-pt) AND used SPARINGLY — sparingly is an actual rule, not a suggestion
- 4. Mandatory chambers copies of ALL filed documents (including ex parte and TRO papers) due by 12:00 noon the following business day at 350 W. 1st Street 4th floor — failure may result in the hearing being taken OFF calendar
- 5. Chambers copies must include the NEF as the LAST page and be labeled 'CHAMBERS COPY' on the face page; NEF omission = defective courtesy copy
- 6. Proposed orders MUST be emailed in Microsoft Word format to cbm_chambers@cacd.uscourts.gov — for evidentiary objections, a separate proposed order is required identifying specific evidence and basis
- 7. Protective order signed by the parties does NOT establish good cause to seal — the court requires an independent good-cause/compelling-reasons declaration
- 8. All hearings in Courtroom 8D IN PERSON unless the court orders otherwise; no default telephonic or video option
- 9. Counsel are NOT allowed to contact the judge's law clerks or secretary — all communication routes through Courtroom Deputy Clerk Yolanda Skipper, with copies to all counsel of record
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | SO §7a: This Court typically hears motions on TUESDAYS, beginning at 10:00 a.m. (JPS) MOTIONS: Tuesday at 10:00 A.M. [marshall-consuelo | motion_hearing_days] |
| Motion Limit | SO §7c Length and Format of Motion Papers: Pursuant to Local Rule 11-6, Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages, absent leave of Court. [marshall-consuelo | page_limits_motions] |
| Reply Limit | SO §7c: Replies shall not exceed ten (10) pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. [marshall-consuelo | page_limits_replies] |
| Chambers Copies | Conditional SO §8 MANDATORY Courtesy Copies: Pursuant to General Order 08-11 and Local Rule 11-3, and unless otherwise ordered by the Court, mandatory... [marshall-consuelo | chambers_copies_details] |
| Tentative Rulings | Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [marshall-consuelo | tentative_rulings] |
| Remote Appearances | (JPS) ALL HEARINGS SHALL PROCEED IN PERSON IN COURTROOM 8D OR AS ASSIGNED, UNLESS ORDERED BY THE COURT. ANY QUESTIONS YOU MAY EMAIL THE COURTROOM DEPUTY CBM_Chambers@cacd.uscourts.gov. [marshall-consuelo | remote_appearances] |
| Discovery | SO §6 Discovery: All discovery matters have been referred to a Magistrate Judge, who will hear all discovery disputes. (The Magistrate Judge's initials follow the District Judge's initials next to the case number.) [marshall-consuelo | discovery_referral] |
Procedural Briefing by Motion Type
C.D. Cal. · Standing Orders
Procedural Requirements
Key Traps
Compare to Other C.D. Cal. Judges
Procedural facts only. Judges shown to illustrate variance in this district.
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Before You File
Motion Days & Times
SO §7a: This Court typically hears motions on TUESDAYS, beginning at 10:00 a.m. (JPS) MOTIONS: Tuesday at 10:00 A.M. [marshall-consuelo | motion_hearing_days]
Notice Period
SO §7a Time for Filing and Hearing Motions: Motions shall be filed in accordance with Local Rules 6 and 7. Local Rule 6-1 provides: "The notice of motion shall be filed with the Clerk not later than twenty-eight (28) days before the date set for hearing, and shall be served on each of the parties electronically or, if excepted from electronic filing, either by deposit in the mail or by personal service." The briefing schedule for the motion shall be governed by Local Rules 6 and 7. No supplemental brief shall be filed without prior leave of Court. [marshall-consuelo | motion_notice_days]
Motion Page / Word Limit
SO §7c Length and Format of Motion Papers: Pursuant to Local Rule 11-6, Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages, absent leave of Court. [marshall-consuelo | page_limits_motions]
Opposition Limit
SO §7c Length and Format of Motion Papers: Pursuant to Local Rule 11-6, Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages, absent leave of Court. [marshall-consuelo | page_limits_oppositions]
Reply Limit
SO §7c: Replies shall not exceed ten (10) pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. [marshall-consuelo | page_limits_replies]
Font & Formatting
SO §7c: Footnotes shall be in typeface no less than two sizes smaller than text size (e.g., if text size is 14, font size shall be no smaller than 12) and shall be used sparingly. [marshall-consuelo | font_formatting]
Footnote Policy
SO §7c: Footnotes shall be in typeface no less than two sizes smaller than text size (e.g., if text size is 14, font size shall be no smaller than 12) and shall be used sparingly. [marshall-consuelo | footnote_policy]
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At Filing
Chambers Copies
Conditional
SO §8 MANDATORY Courtesy Copies: Pursuant to General Order 08-11 and Local Rule 11-3, and unless otherwise ordered by the Court, mandatory chambers copies of all filed documents, including Ex Parte or Temporary Restraining Order documents, must be delivered to the courtesy copy boxes next to the Customer Service window, at 350 W. 1st Street, Attention: Yolanda Skipper, on the 4th floor of the U.S. Courthouse, no later than 12:00 noon the following business day. The mandatory chambers copy must be prominently labeled CHAMBERS COPY on the face page. The mandatory chambers copy of all electronically filed documents must include the Notice of Electronic Filing as the last page of the document. Failure to timely supply courtesy copies of papers may result in the hearing being taken off calendar. [marshall-consuelo | chambers_copies_details]
ECF Stamp Requirements
SO §8: The mandatory chambers copy of all electronically filed documents must include the Notice of Electronic Filing as the last page of the document. (JPS) Each copy must include the CM/ECF generated header (consisting of the case number, document control number, date of filing, page number, etc.) at the top of each page; and the Notice of Electronic Filing (NEF) as the last page of the document. [marshall-consuelo | ecf_stamp_requirements]
Proposed Orders
SO §9 Proposed Orders: Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. A party objecting to evidence shall similarly lodge a Proposed Order setting forth the specific evidence and basis for the objection(s). All Proposed Orders shall be submitted via e-mail to cbm_chambers@cacd.uscourts.gov in Microsoft Word format. Where applicable, parties shall comply with Local Rules 52 and 58. [marshall-consuelo | proposed_orders]
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Before the Hearing
Tentative Rulings
Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [marshall-consuelo | tentative_rulings]
Prohibition / Ex Parte Contact Re Tentatives
Silent on tentative ruling prohibition. Not applicable: federal court does not issue tentative rulings. [marshall-consuelo | tentative_ruling_prohibition]
Oral Argument
Silent on oral argument default. [marshall-consuelo | oral_argument_default]
Remote Appearances
(JPS) ALL HEARINGS SHALL PROCEED IN PERSON IN COURTROOM 8D OR AS ASSIGNED, UNLESS ORDERED BY THE COURT. ANY QUESTIONS YOU MAY EMAIL THE COURTROOM DEPUTY CBM_Chambers@cacd.uscourts.gov. [marshall-consuelo | remote_appearances]
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Background Rules
Chambers Contact
Are counsel allowed to contact the Judge's law clerks or secretary? No. All oral and written communication must be submitted to the Courtroom Deputy Clerk with copies to all counsel of record. (Judge's Procedures) SO §12 Communications with Chambers: Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. [marshall-consuelo | chambers_contact_restrictions]
Discovery Referral
SO §6 Discovery: All discovery matters have been referred to a Magistrate Judge, who will hear all discovery disputes. (The Magistrate Judge's initials follow the District Judge's initials next to the case number.) [marshall-consuelo | discovery_referral]
Discovery Motion Process
SO §6 Discovery: All discovery matters have been referred to a Magistrate Judge, who will hear all discovery disputes. (The Magistrate Judge's initials follow the District Judge's initials next to the case number.) All discovery documents must include the words "DISCOVERY MATTER" in the caption to ensure proper routing. Please do not deliver courtesy copies of discovery documents to the District Judge. [marshall-consuelo | discovery_motion_process]
Ex Parte Applications
SO §10 Ex Parte Applications: Counsel are reminded ex parte applications are solely for extraordinary relief. Applications that do not meet the requirements set forth in Local Rules 7-19 will not be considered. The Court considers ex parte applications on the papers and usually does not set these matters for hearing. (JPS) Procedures for filing an EXPARTE Application: Counsel shall comply with Local Rule 7-19 and 7-19.1. Ex Parte Application shall stand submitted until further order of Court. Counsel are to alert the Courtroom Deputy by email at CBM_Chambers@cacd.uscourts.gov or by phone when you file an exparte that affects a hearing date. [marshall-consuelo | ex_parte_notice]
Settlement Notification
Silent on settlement notification. [marshall-consuelo | settlement_notification]
Lead Counsel
SO §2 Presence of Lead Counsel: Lead trial counsel shall attend any proceeding before this Court, including all status and settlement conferences. [marshall-consuelo | lead_counsel_requirement]
Under Seal Filings
SO §7f Under Seal Filings: Applications to file documents under seal shall comply with Local Rule 79-5.2, and shall identify the specific material with supporting legal authority (i.e., rule, statute and/or case law) to support a good cause showing. A protective order signed by the parties does not establish good cause to file documents under seal with the Court. For additional information regarding under seal filings, see https://www.cacd.uscourts.gov/e-filing/sealed-documents. (JPS) APPLICATIONS UNDER SEAL - Please follow L.R. 79-5.2.2 - provide a declaration "establishing good cause or demonstrating compelling reasons why the strong presumption of public access in civil cases should be overcome, with citations to the applicable legal standard", and provide/inform the Court whether anyone opposes the application to seal. [marshall-consuelo | under_seal_requirements]
Continuances & Calendar Conflicts
SO §11 Continuances: Counsel requesting a continuance must lodge -- prior to the date to be continued -- a Proposed Stipulation and Order including a detailed declaration of the grounds for the requested continuance or extension of time. The Court grants continuances only upon a showing of good cause, focusing on the diligence of the party seeking the continuance and any prejudice that may result if the continuance is denied. Failure to comply with the Local Rules and this Order may result in denial of the request for continuance. (JPS) Calendar conflicts: If a date is set by the Judge in court, counsel must advise the Judge at that time of any conflicts. If the conflict arises later, for instance, just prior to a hearing, counsel must advise the Courtroom Deputy Clerk by telephone or email. [marshall-consuelo | continuances_calendar_conflicts]
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