Court Rules
About United States District Judge Haywood S. Gilliam Jr.

**District Judge Haywood S. Gilliam, Jr.** was appointed to the Northern District of California by President Barack Obama in 2014. Judge Gilliam was born in 1969 in Marlborough, Massachusetts. He was nominated on September 8, 2014, confirmed by the Senate on December 16, 2014, and received his commission on December 19, 2014. Before his federal appointment, he served as an Assistant U.S. Attorney in the Northern District, rising to Chief of the Securities Fraud Section, and had an extensive career in private practice in San Francisco. **Education** - Stanford Law School, J.D., 1994 - Yale University, B.A., 1991 **Career** - Law Clerk to Hon. Thelton E. Henderson, U.S. District Court, Northern District of California (1994–1995) - Private practice, San Francisco (1995–1998) - Assistant U.S. Attorney, Northern District of California (1999–2006); Chief, Securities Fraud Section (2004–2006) - Private practice, San Francisco (2006–2014)

**Courthouse:** Ronald V. Dellums Federal Building & United States Courthouse, 1301 Clay Street, Suite 400 S, Oakland, CA 94612 **Chambers:** Courtroom 2, 4th Floor **Phone:** (510) 637-3543 **Chambers Staff** - Courtroom Deputy/Calendar Clerk: hsgcrd@cand.uscourts.gov

Common questions about Judge Haywood S. Gilliam Jr.'s rules

Are courtesy copies required for Judge Haywood S. Gilliam Jr.?

Courtesy copies are required for pretrial orders, jury instructions, statement of cases, motion in limines, oppositions, and statement of non oppositions. Details: 2 copies, delivery upon filing, by hand delivery. Two side-tabbed binder courtesy copies of pretrial materials must be delivered to the Clerk's office by noon the day after filing.

View ruleSource: page 2, section PRETRIAL FILINGS

Does Judge Haywood S. Gilliam Jr. require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for administrative motion. Details: response due in 7 days. Testimony at claim construction requires motion 7 days in advance.

What page or word limits apply to motion in limine before Judge Haywood S. Gilliam Jr.?

Judge Haywood S. Gilliam Jr.'s rule states these limits: 5 pages. Each motion in limine is limited to five pages and must address a single topic.

View ruleSource: page 7, section MOTIONS IN LIMINE

What page or word limits apply to opposition before Judge Haywood S. Gilliam Jr.?

Judge Haywood S. Gilliam Jr.'s rule states these limits: 5 pages. Opposition to motions in limine is limited to five pages; no reply brief is allowed.

View ruleSource: page 8, section MOTIONS IN LIMINE

What formatting rules apply to filings before Judge Haywood S. Gilliam Jr.?

Judge Haywood S. Gilliam Jr.'s formatting rule includes binding three ring binder, double-sided, three-hole punched at left margin, and marked with ecf stamp on top of each page. Courtesy copies must be double-sided, three-hole punched, and marked with ECF stamp on each page.

View ruleSource: page 2, section PRETRIAL FILINGS

What must be included with joint case management status report filings before Judge Haywood S. Gilliam Jr.?

The rule requires joint report. Joint case management status report required after claim construction ruling.

What must be included with general filings before Judge Haywood S. Gilliam Jr.?

The rule requires local rule certificate. Parties must follow FRCP, Patent Local Rules, and General Orders except where superseded by this standing order.

View ruleSource: page 1, section CONFORMITY TO RULES

How may parties contact Judge Haywood S. Gilliam Jr.'s chambers?

Parties may contact Judge Haywood S. Gilliam Jr.'s chambers by phone only as allowed by the rule. The rule lists phone (510) 637-3543. No ex parte contact with judge or chambers; contact Courtroom Deputy Nikki Riley at (510) 637-3543 for scheduling.

View ruleSource: page 1, section COMMUNICATION WITH THE COURT

How does Judge Haywood S. Gilliam Jr. handle sealed or redacted filings?

Judge Haywood S. Gilliam Jr.'s rules set procedures for sealed or redacted filings. Process: file redacted on ecf. Sealing requires compliance with Civil Local Rule 79-5 with judge-specific modifications.

View ruleSource: page 5, section MOTIONS TO SEAL

How do I request an adjournment or extension before Judge Haywood S. Gilliam Jr.?

Requests should be made at least 2 weeks in advance when this rule applies before Judge Haywood S. Gilliam Jr.. The request must include reason for request, good cause demonstration, and why other methods would be ineffective. Request for more than 10 claim construction terms requires good cause demonstration and must be filed 2 weeks before deadline; without leave, only first 10 terms will be construed and sanctions may apply.

View ruleSource: page 2, section JOINT CLAIM CONSTRUCTION STATEMENT

Does Judge Haywood S. Gilliam Jr. require motion papers to be bundled?

Yes. Judge Haywood S. Gilliam Jr. requires bundling for covered papers. At least 12 weeks required between dispositive/Daubert motions deadline and final pretrial conference.

View ruleSource: page 3, section SCHEDULING

When is a filing treated as filed before Judge Haywood S. Gilliam Jr.?

The rule states that filing is treated as not specified. Pretrial filings must be filed no later than 14 days before the pretrial conference.

View ruleSource: page 2, section PRETRIAL FILINGS
Complete rules summary for Judge Haywood S. Gilliam Jr.

Joint case management status report required after claim construction ruling.

Parties must follow FRCP, Patent Local Rules, and General Orders except where superseded by this standing order.

Patent disclosure disputes and amendment/strike requests are typically referred to Magistrate Judge.

Joint claim construction statement must be truly joint with disputed terms designated and side-by-side constructions.

Joint claim construction statement must include copies of all disputed patents and complete prosecution history available upon request.

Court will generally construe no more than 10 terms; parties must meet and confer to narrow terms if more than 10 are at issue.

Testimony at claim construction requires motion 7 days in advance.

Request for more than 10 claim construction terms requires good cause demonstration and must be filed 2 weeks before deadline; without leave, only first 10 terms will be construed and sanctions may apply.

All hearings and appearances will be held in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, California.

Tutorial allows 45 minutes per side for non-argumentative technology presentation; patentee presents first; demonstrations encouraged.

Court may appoint neutral expert to assist with claim construction and/or trial if deemed helpful.

Each side gets 90 minutes for claim construction argument.

Duplicative visual aids discouraged for claim construction.

Government must email plea agreement to HSGcrd@cand.uscourts.gov by 2:00 p.m. Friday before plea.

Parties must follow federal criminal rules, local rules, and general orders except where superseded by this standing order.

No ex parte contact with judge or chambers; contact Courtroom Deputy Nikki Riley at (510) 637-3543 for scheduling.

All hearings and appearances are held in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA.

Law and motion calendar at 2:00 p.m. Wednesdays; pretrial conferences at 3:00 p.m. Tuesdays.

Trials conducted 8:30 a.m. - 1:30 p.m., Monday through Friday at Oakland Courthouse.

Government must email mandatory remand statute status to HSGcrd@cand.uscourts.gov by Monday before hearing.

Motions must follow Criminal Local Rule 47-1, consult scheduling notes for available dates, comply with Rule 47-2.

Paper courtesy copies not submitted unless requested; digital copies may be ordered on portable media.

Each party may file no more than five motions in limine.

Pretrial filings must be filed no later than 14 days before the pretrial conference.

Certain pretrial documents must be emailed in Word format to chambers no later than 14 days before the final pretrial conference.

Parties must attempt to resolve evidentiary issues before filing a motion in limine.

Two side-tabbed binder courtesy copies of pretrial materials must be delivered to the Clerk's office by noon the day after filing.

Courtesy copies must be double-sided, three-hole punched, and marked with ECF stamp on each page.

Courtesy copy binders must be marked 'Chambers Copy – Do Not File' and labeled with judge name and case number.

Parties may not call undisclosed witnesses at trial without court leave for good cause.

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