Judge Mark C. Scarsi -- United States District Court, Central District of California
Courtroom 7C, 7th Floor, Felicitas and Gonzalo Mendez United States Courthouse, Los Angeles
warning
Key Traps — Where Counsel Gets Caught
- 1. Civil motion hearings are Mondays at 9:00 a.m. — not the 1:30 p.m. default many CACD judges use
- 2. Briefing schedule OVERRIDES local rules based on how far out the hearing is: 35-70 days = opp within 14 days, reply within 21 days of filing; >70 days = opp within 21, reply within 35
- 3. Reply cap is 3,000 words (or 10 pages handwritten/typewriter) — no supplemental briefs or surreplies without prior leave
- 4. Zero remote appearances in civil cases — counsel must appear in person; criminal remote requires extraordinary good cause
- 5. No special appearances — only counsel of record may appear; lead trial counsel must attend scheduling, pretrial, and settlement conferences
- 6. Chambers copies affirmatively PROHIBITED — paper copies delivered will be "refused or destroyed, and not considered"
- 7. Non-paper exhibits under L.R. 5-4.2(b)(1) must be provided by USB flash drive OR Dropbox-style link to MCS_Chambers — CDs/DVDs will be destroyed unless the disc itself IS the exhibit
- 8. Under-seal meet-and-confer must occur at least 7 calendar days before filing; non-proposing party has 2 calendar days after conclusion to confirm agreement or opposition
- 9. Ex parte requires advance notice by telephone AND email plus service by fax/email/personal service (electronic under L.R. 5-3.2.1 is insufficient); reply in support is prohibited
- 10. Continuance requests must not be submitted fewer than 7 calendar days before the earliest affected date
- 11. Requests to conduct or waive an oral argument "may not be honored" — the Court decides sua sponte whether to hold argument
- 12. Do NOT use MCS_Chambers email for anything except proposed orders — other documents sent to that address will not be processed
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | §9.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. [scarsi-mark | motion_hearing_days] |
| Motion Limit | §9.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. No supplemental brief or surreply shall be filed without prior leave of Court. [scarsi-mark | page_limits_motions] |
| Reply Limit | §9.d. 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. [scarsi-mark | page_limits_replies] |
| Chambers Copies | Conditional §9.e. Chambers Copies. Chambers copies are not required. Unless subject to Local Rule 5-4.2, paper copies of any documents delivered to the... [scarsi-mark | chambers_copies_details] |
| Tentative Rulings | Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [scarsi-mark | tentative_rulings] |
| Remote Appearances | JPS REMOTE APPEARANCE: The Court does not permit remote appearances in civil cases. Remote appearances in criminal cases may be permitted upon an extraordinary showing of good cause. §2 Civil SO: The Court expects counsel to appear in person at any hearing. The Court does not permit remote appearances. [scarsi-mark | remote_appearances] |
| Discovery | §8.a. 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. 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. [scarsi-mark | discovery_referral] |
Procedural Briefing by Motion Type
C.D. Cal. · Standing Orders
Procedural Requirements
Key Traps
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Before You File
Motion Days & Times
§9.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. [scarsi-mark | motion_hearing_days]
Notice Period
§9.b. Briefing Motions. 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: (a) between 35 and 70 days — opposition ≤ 14 days after filing; reply ≤ 21 days after filing. (b) more than 70 days — opposition ≤ 21 days after filing; reply ≤ 35 days after filing. [scarsi-mark | motion_notice_days]
Motion Page / Word Limit
§9.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. No supplemental brief or surreply shall be filed without prior leave of Court. [scarsi-mark | page_limits_motions]
Opposition Limit
§9.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. [scarsi-mark | page_limits_oppositions]
Reply Limit
§9.d. 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. [scarsi-mark | page_limits_replies]
Font & Formatting
JPS: All papers filed with the Court must conform to Local Rule 11-3.1.1, which generally requires typeface of 14 point or larger for Times New Roman and 12 point or larger for Courier. [scarsi-mark | font_formatting]
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At Filing
Chambers Copies
Conditional
§9.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. 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 MCS_Chambers@cacd.uscourts.gov. 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. [scarsi-mark | chambers_copies_details]
Proposed Orders
JPS E-FILING: All proposed signature items shall be E-FILED as an attachment to the main document in PDF format. All proposed signature items shall be E-MAILED to the chambers e-mail address at mcs_chambers@cacd.uscourts.gov in WORD format. ONLY proposed order signature items should be emailed to the chambers' e-mail address. [scarsi-mark | proposed_orders]
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Before the Hearing
Tentative Rulings
Silent on tentative rulings. Not applicable: federal court does not issue tentative rulings. [scarsi-mark | tentative_rulings]
Prohibition / Ex Parte Contact Re Tentatives
Silent on tentative ruling prohibition. Not applicable: federal court does not issue tentative rulings. [scarsi-mark | tentative_ruling_prohibition]
Oral Argument
§9.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. [scarsi-mark | oral_argument_default]
Remote Appearances
JPS REMOTE APPEARANCE: The Court does not permit remote appearances in civil cases. Remote appearances in criminal cases may be permitted upon an extraordinary showing of good cause. §2 Civil SO: The Court expects counsel to appear in person at any hearing. The Court does not permit remote appearances. [scarsi-mark | remote_appearances]
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Background Rules
Chambers Contact
JPS Courtroom Deputy Clerk: Calls regarding the status of submitted motions, stipulations or proposed orders will not be returned. Counsel may determine that status of any submission by accessing the docket sheet through www.cacd.uscourts.gov, PACER. JPS E-FILING: Do NOT e-mail other associated documents, and do NOT use this e-mail address for communication with the Court or the Clerk. [scarsi-mark | chambers_contact_restrictions]
Discovery Referral
§8.a. 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. 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. [scarsi-mark | discovery_referral]
Discovery Motion Process
§8.a. Discovery Matters Referred to Magistrate Judge. All discovery matters, including all discovery motions, are referred to the assigned United States Magistrate Judge. 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. [scarsi-mark | discovery_motion_process]
Ex Parte Applications
§3. Ex Parte Applications. 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 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). No replies in support of ex parte applications are authorized. [scarsi-mark | ex_parte_notice]
Lead Counsel
§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. 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. [scarsi-mark | lead_counsel_requirement]
Under Seal Filings
§11. Under Seal Documents. Counsel shall comply with Local Rule 79-5. 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. [scarsi-mark | under_seal_requirements]
Continuances & Calendar Conflicts
§4. Continuances or Extensions of Time. This Court is committed to adhering to all scheduled dates. Changes in dates are sharply disfavored. The case schedule set by the Court, including the trial date, is firm and will rarely be changed. 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. Counsel shall not submit requests for a schedule modification fewer than seven calendar days prior to the earliest date subject to the request. [scarsi-mark | continuances_calendar_conflicts]
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