Northern District of California Adjournment & Extension Requirements

Extension requests must be filed at least 7 days before deadline.

Source text: Any party seeking an extension of a court deadline must seek an extension at least seven (7) days prior to the deadline by filing an appropriate motion or stipulation, in compliance with the Civil Local Rules.

Extension requests in case management statements or briefs will not be considered.

Source text: Requests for extensions contained in a case management statement or brief will not be entertained.

Joint Zoom requests must be made at least 1 week before scheduled setting.

Source text: If all parties agree, they may request to have a setting by Zoom video, but they must make their request at least one week in advance of the scheduled setting.

Non-joint Zoom requests need good cause and must be filed 7 days in advance.

Source text: Absent agreement, requests to appear by video conference may be entertained upon a compelling showing of good cause, and must also be filed at least seven (7) days in advance of the scheduled setting.

Summary judgment motions must be heard at least 90 days before trial.

Source text: Summary judgment motions shall be heard at least 90 days before trial. Generally, the Court will reserve a compliant date at the Initial Case Management Conference.

Emergency relief requires reasonable effort to notify opposing party and counsel.

Source text: A party moving for emergency relief must demonstrate that it made every reasonable effort to notify the opposing party and the opposing party's counsel, at the earliest possible time, of its intent to seek emergency relief. Failure to do so will likely result in denial of the request.

Continuance requests must be filed at least 3 court days before the deadline.

Source text: After the Court issues a scheduling order, continuances in civil cases are granted only upon a showing of good cause. See Fed. R. Civ. P. 16(b)(4). Any request for a continuance or extension of time (other than an extension that the Rules allow the parties to arrange between themselves without a court order) must be filed not later than three (3) court days prior to the deadline that the party wishes to extend.

Briefing schedules must allow 14 days (28 days for SJ/Daubert/class cert) between final filing and hearing unless good cause shown.

Source text: The parties may stipulate to and request Court approval of a briefing schedule that differs from that set forth in the Civil Local Rules, noting the differences in their stipulation. Absent good cause, however, the briefing schedule for any motion shall allow at least fourteen (14) days between the final filing and the hearing date. The briefing schedule for summary judgment, Daubert, and class certification motions shall allow at least 28 days between the final filing and the hearing date.

Zoom appearance requests must be filed and served at least 1 week before hearing.

Source text: Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one (1) week prior to the scheduled hearing date. If all parties wish to appear via Zoom, the parties should file a joint administrative request or indicate that the request is unopposed.

Demonstratives must be exchanged and submitted 48 hours before hearing (by Friday 5pm if weekend).

Source text: Any demonstratives or audio-visual presentations to be used at a hearing must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing. If this date falls on a weekend, parties are required to exchange and submit them by Friday at 5:00 p.m. Parties shall email electronic copies of the demonstratives or presentations to Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov.

Continuance requests must be filed 3 court days before hearing with proposed order.

Source text: To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act should be excluded, no later than three (3) court days before the scheduled hearing.

Discovery cut-off is 14 days before pretrial conference; late disclosure may be excluded unless good cause shown and disclosed within 24 hours.

Source text: Absent a contrary order from the Court, the discovery cut-off date is fourteen (14) days before the pretrial conference. Any material disclosed after that date may be excluded unless the disclosing party: (a) can show good cause for why it was not sought, obtained, and disclosed sooner; and (b) discloses it within 24 hours of receipt of the material.

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.

Source text: If a party has a good-faith basis for believing that more than ten terms need to be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11. The requesting party must demonstrate good cause and explain why other methods of limiting the terms at issue (such as the selection of representative terms or any grouping of terms by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good cause is shown, the Court will either agree to construe all terms or schedule a later proceeding to construe the remaining terms before trial. If more than ten terms are submitted for construction without leave of court, the Court will construe only the first ten terms listed in the joint claim construction statement and sanctions may be imposed.

Reschedule requests must be in writing 10 days in advance with good cause.

Source text: Any request to reschedule a case management conference must be made in writing, by stipulation if possible, not less than 10 calendar days before the conference date. Good cause must be shown.

Trial dates assigned at initial conference are not changed absent good cause.

Source text: A trial date typically will be assigned at the initial case management conference. Once assigned, the trial date will not be changed or continued absent good cause in the interest of justice.

Request for more than ten terms requires good cause demonstration and must be filed two weeks before joint statement deadline.

Source text: If a party believes that more than ten terms should be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11. The requesting party must demonstrate good cause and explain why other methods of limiting the terms at issue (such as the selection of representative terms or any grouping of terms by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement.

Depositions of fact witnesses must be noticed at least 30 days before close of fact discovery.

Source text: Depositions of fact witnesses must be noticed at least 30 days before the close of fact discovery.

Extension/continuance requests require 3 business days notice; opposition must be filed by 12:00 p.m. one business day before deadline or per LR 7-11.

Source text: Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.

Page limit enlargement requests require 3 business days notice; opposition must be filed by 12:00 p.m. one business day before deadline or per LR 7-11.

Source text: Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.

Extension/continuance requests require 3 business days notice; opposition due 12pm one business day before deadline or per LR 7-11.

Source text: Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.

Page limit enlargement requests require 3 business days notice; opposition due 12pm one business day before deadline or per LR 7-11.

Source text: Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.

Extension/continuance requests require 3 business days notice and are only granted for emergencies or settlement agreements.

Source text: Requests to extend deadlines or continue hearing dates will generally only be granted if there is an unforeseen emergency, or the parties have reached a written agreement regarding settlement. Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.

Page limit extension requests require 3 business days notice and are rarely granted.

Source text: Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.

Opposition briefs must be filed 14 days before hearing.

Source text: Opposition briefs shall be filed at least fourteen days in advance of the hearing date.

Reply briefs must be filed 7 days before hearing.

Source text: Reply briefs shall be filed at least seven days in advance of the hearing date.

Daily transcript/real-time reporting requests must be submitted 14 days before trial.

Source text: Any party who would like a daily transcript or real-time reporting must follow the procedures outlined on the Office of the Clerk of Court’s website: https://cand.uscourts.gov/about/clerks-office/transcripts-court-reporters/. Parties must submit requests for daily transcripts or real-time reporting no later than 14 calendar days before the first day of trial.

Interpreter requests must be made 30 days before trial.

Source text: If any witness will require an interpreter at trial and there is no certified court interpreter available to translate in the appropriate language, counsel must notify Judge Wise’s Courtroom Deputy at least 30 days before the commencement at trial at (408) 535-5332 or nwcrd@cand.uscourts.gov.

Motions must be filed within 14 days of reservation.

Source text: Once a party reserves a hearing date, the party shall file their motion(s) within fourteen days.

Hearing reservation expires if motion not filed within 14 days.

Source text: If a party fails to file any motion within fourteen days, the hearing reservation will expire without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).

Continuance requests must be filed 3 court days before hearing with proposed order.

Source text: To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act should be excluded, no later than three court days before the scheduled hearing.

Briefing must be complete 7 days before hearing unless otherwise ordered.

Source text: Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven days in advance of the hearing date.

Motions (non-sentencing) must be filed 21 days before hearing without stipulation.

Source text: In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date.

Motions in limine must be filed 14 days before pretrial conference.

Source text: Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve them at least fourteen days prior to the pretrial conference.

Extension/continuance requests must be filed 3 business days before deadline/hearing.

Source text: Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.

Requests to continue hearings or CMCs must be made 72 hours in advance.

Source text: Requests to continue a hearing or CMC are due 72 hours in advance.

Proposed schedule must allow max 24 months to trial-setting conference and min 20 weeks from dispositive motions.

Source text: When proposing dates, allow: no more than 24 months between the initial CMC and the trial-setting conference (absent justification); at least 20 weeks between the dispositive motion filing deadline and trial-setting conference;

Case schedules and trial dates will only be modified for good cause.

Source text: Once set, case schedules and trial dates will only be modified for good cause.

Allow at least 14 days between final filing and hearing for stipulated briefing schedules.

Source text: Parties may stipulate to a motion briefing schedule that differs from the default. Allow at least 14 days between the final filing and the hearing.

Hearings on summary judgment or patent motions should allow 21 days.

Source text: Hearings on motions for summary judgment or substantive motions in patent cases should allow 21 days.

Remote appearance requests must be made by administrative motion at least one week in advance.

Source text: Requests to appear remotely via Zoom for a hearing must be made by administrative motion (not stipulation) at least one week in advance.

Extension requests must be submitted 72 hours in advance with justification, history of previous requests, and proposed order.

Source text: Submit motions/stipulations to extend dates and deadlines at least 72 hours before the date at issue. Requests must: • Explain the justification (Judge Pitts is unlikely to approve changes without good cause, and without a compelling showing of good cause for changes to trial dates); • State how many extensions have previously been requested, and indicate the Court’s rulings on those requests; and • Include a proposed order listing all future deadlines in the case schedule incorporating the proposed modifications.

Page limit enlargement requests must be submitted 72 hours in advance with specific opposition deadline.

Source text: Submit motions/stipulations to enlarge page limits at least 72 hours before the relevant filing is due. If a request is made by administrative motion rather than stipulation, any opposition must be filed by the sooner of: (a) 12:00pm one business day before the filing deadline, or (b) the time allowed by Civil Local Rule 7-11.

Sentencing memoranda due 7 days before sentencing; responses due 5 days before

Source text: If a party chooses to submit a Sentencing Memorandum to the Court, it must be filed at least seven calendar days before the date on which Judgement and Sentencing is scheduled. Responses to Sentencing Memoranda shall be filed at least five calendar days before the date on which Judgement and Sentencing is scheduled.

Objections to exhibits due by 5:00 PM day before witness testimony.

Source text: By 5:00 P.M. on the day before those witnesses are called, opposing counsel shall provide any objections to the listed exhibits and shall exchange a list of exhibits to be used with the listed witness(es) on cross-examination (other than for impeachment).

Daily witness/exhibit lists due by 6:00 PM day before trial.

Source text: Counsel shall, by 6:00 P.M. on the day preceding each trial day, notify the Court of: (1) the list of planned witnesses in the order that they will be called, (2) the list of any exhibits to be offered and whether the parties stipulate to their admissibility and authenticity, and (3) a separate list of any objections to witnesses or exhibits that may be called or offered into evidence.

Deposition excerpts due 5 days before trial (except impeachment/rebuttal).

Source text: At least five days prior to the commencement of trial, the parties shall file and serve any excerpts of deposition testimony to be offered at trial, other than solely for impeachment or rebuttal.

Deposition objections due 2 days before trial.

Source text: Any objections to the use of designated excerpts and any counter-designations of deposition testimony shall be filed and served no later than two days prior to the commencement of trial.

Daily transcript requests must be arranged before pretrial conference.

Source text: Requests for a daily transcript or real-time reporting, if desired, must be arranged before the date of the pretrial conference through the Court’s website, https://cand.uscourts.gov/about/clerks-office/transcripts-court-reporters/transcript-forms/.

Extension requests must include history of previous extensions.

Source text: For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted.

Deadline extension stipulations must be filed two court days before deadline.

Source text: Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed two court days prior to the deadline.

Zoom hearing requests must be made at least one week in advance.

Source text: Parties may stipulate/request to have a hearing by Zoom video, but they must do so at least one week in advance of the hearing.

Joint discovery letter must be filed within 7 days of discovery cutoff.

Source text: The letter must be filed as soon as possible, but under no circumstances may it be filed more than 7 days after the applicable discovery cutoff.

Stipulation for continuance must include defendant communication, agreement, case status, and specific facts for Speedy Trial Act exclusion.

Source text: If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date. The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery. If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient.

Discovery cut-off is 14 days before pretrial conference; late disclosure may be excluded unless good cause shown and disclosed within 24 hours.

Source text: Absent a contrary order from the Court, the discovery cut-off date is 14 days before the pretrial conference. Any material disclosed after that date may be excluded unless the disclosing party: (i) can show good cause for why it was not sought, obtained, and disclosed sooner; and (ii) discloses it within 24 hours of receipt of the material.

Request for relief from 10-motion limit must be filed 35 days before final pretrial conference

Source text: Rather than trying to squeeze multiple topics into one motion in limine, the parties must seek relief from the ten-motion limit at least 35 calendar days before the final pretrial conference. That request for relief must list the topics of each motion in limine each side wishes to file.

Written stipulation required for status conference continuances with specific content requirements.

Source text: If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date. The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery. If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient.

Deadline extension requests must include extension history and be filed 2 court days before deadline.

Source text: For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions. Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.

Requests to continue hearings or deadlines must include details of previous extensions and proposed new dates, and be filed at least two court days before the deadline.

Source text: For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions. Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.

Trial dates set at initial case management conference are not continued absent compelling good cause.

Source text: A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause.

Continuance requests must be filed by 10:00 a.m. Monday before hearing with proposed order.

Source text: To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act (see 18 U.S.C.A. § 3161) should be excluded, by no later than 10:00 a.m. the Monday prior to the scheduled hearing. Continuances are not granted unless and until the Court so orders.

Extensions/continuances of case schedule dates require particularized good cause; trial continuances require compelling good cause. All changes need Court order.

Source text: Once the Court has entered a case schedule, the parties may not move the dates except by Court order. If the parties seek to move one of these dates, the parties must file a joint statement of no more than three pages proving particularized good cause for the requested change. A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause.

Court will not extend case deadlines for pending discovery disputes absent truly compelling reasons.

Source text: The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute.

Motions to continue hearings must be filed at least 72 hours in advance.

Source text: Any motion to continue a hearing or case management conference must be made no later than 72 hours prior to the scheduled appearance.

Extension requests must be filed at least 72 hours before the deadline.

Source text: Any request for an extension of a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order) must be filed no later than 72 hours prior to the deadline.

Case management conference continuances require separate filing at least 72 hours before conference.

Source text: If the parties wish to continue a case management conference, they must file a stipulation or motion—in a separate filing from their joint case management statement—at least 72 hours prior to the conference.

Discovery cut-off is 14 days before pretrial conference; late disclosure requires good cause and 24-hour disclosure.

Source text: Absent a contrary order from the Court, the discovery cut-off date is 14 days before the pretrial conference. Any material disclosed after that date will be excluded unless the disclosing party: (i) can show good cause for why it was not sought, obtained, and disclosed sooner; and (ii) discloses it within 24 hours of receipt of the material.

Motion to continue hearing must be filed at least 72 hours before scheduled appearance.

Source text: Any motion to continue a hearing or case management conference must be made no later than 72 hours prior to the scheduled appearance.

Extension requests must be filed at least 72 hours before deadline.

Source text: Any request for an extension of a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order) must be filed no later than 72 hours prior to the deadline.

Case management conference continuances require separate filing at least 72 hours before.

Source text: If the parties wish to continue a case management conference, they must file a stipulation or motion—in a separate filing from their joint case management statement—at least 72 hours prior to the conference.

Page limit increase motions must be filed at least 72 hours before brief deadline.

Source text: Motions to increase page limits will almost never be granted, but any such motion must be filed no later than 72 hours before the brief is due.

ADA claims must follow General Order 56 deadlines; extensions require 1-week advance notice and good cause.

Source text: General Order 56 sets forth various deadlines that parties must adhere to in prosecuting claims pursuant to the ADA. Failure to comply with those deadlines may result in sanctions, including dismissals for failure to prosecute. Any extensions of General Order 56's deadlines must be sought no later than one week in advance of the deadline and must be supported by a concrete and particularized showing of good cause.

Written request for telephonic conference required if unable to meet and confer, with declaration limited to 7 pages.

Source text: 17. In the rare event that the parties are unable to meet and confer as directed above, or a moving party is unable to obtain the opposing party’s portion of a joint letter after the meet and confer session, the moving party shall file a written request for a telephonic conference on the docket for the purpose of enforcing the Court’s meet and confer requirement, or for the Court to fashion an alternative procedure. The written request shall include a declaration which states any attempt to meet and confer and/or obtain the joint letter, the reasons for the inability to comply with the standing order, and (if possible) three dates and times at which all parties are available for a telephonic conference. The moving party may attach exhibits to the declaration, but the declaration and exhibits combined may not exceed seven pages.

Detention motions must be filed by 3:00 p.m. the court day before hearing.

Source text: Motions for detention must be filed no later than 3:00 p.m. the court day before the hearing.

8:30 a.m. cut-off for morning add-ons to criminal calendar; after that only under limited circumstances.

Source text: (a) Add-ons: The Court has an 8:30 a.m. cut-off time for morning of add-ons to the criminal calendar. After 8:30 a.m., add-ons will only be permitted under limited circumstances.

Continuance requests must be emailed with proposed dates and accompanied by joint statement on docket.

Source text: Requests for continuances must be emailed to lbcrd@cand.uscourts.gov as soon as is practicable and include proposed new dates. A short joint statement reflecting the continuance request must be filed on the docket.

Deposition notice requires 30-day advance notice; counter-proposal due within 10 days.

Source text: The party seeking such a deposition may notice it at least thirty days in advance. If the noticed date and place is unacceptable to the deponent or the deponent’s counsel, then within ten days of receipt of the notice, the deponent or counsel for the deponent must reply and counter-propose in writing an alternative date and place falling within thirty days of the date noticed by the party seeking the deposition.

Settlement conference continuance requests must be filed on ECF with compelling reason and other party's position.

Source text: Any request to continue the settlement conference must be filed on ECF as soon as possible after meeting and conferring with opposing counsel, and well in advance of the scheduled date. The request must demonstrate a compelling reason for a continuance and state whether it is joined or opposed by the other party(ies). The original settlement conference date will remain on calendar and the parties must appear on that date unless they receive an order from the Court continuing the matter.

Zoom/telephone participation requests must be made within 7 days of referral

Source text: Requests for conference participation by Zoom or telephone must be made within 7 days after a settlement conference referral.

Settlement conference continuance requires ECF filing with compelling reason and opposition within 2 days if objected

Source text: A party seeking to continue a settlement conference must file a request in ECF as soon as possible after meeting and conferring with opposing counsel. The request must demonstrate a compelling reason for the continuance and state whether the opposing parties object to the continuance. Any party that objects to the continuance must file an opposition in ECF within two days of the filing date of the request.

Conference continuances require court order, not party stipulation.

Source text: No scheduled or noticed case management, status, or pretrial conference will be continued by stipulation or agreement of the Parties alone. Noticed conference dates may be continued only as ordered by the Court.

Case management conference may be continued 15 days after hearing on case-dispositive motion.

Source text: If a Party files a motion that would be dispositive of the entire case (e.g., a motion to dismiss or remand), the Parties may file a stipulation and proposed order to continue the initial case management conference to fifteen (15) calendar days after the hearing on that case-dispositive motion.

Remote conference appearance requires 2-week advance motion for administrative relief.

Source text: Subject to the Court’s calendar, the Court generally encourages in-person appearances for case management, status, and pretrial conferences. Permission for a Party to attend by remote means (e.g., videoconference/Zoom or telephone) may be granted, in the Court’s discretion and on a case-by-case basis, only upon a Party’s filing a motion for administrative relief at least two (2) weeks in advance of the conference should the Court determine that good cause exists to excuse personal appearance.

Remote appearance requires motion for administrative relief filed 2 weeks in advance with good cause.

Source text: Permission for a Party to attend by remote means (e.g., videoconference/Zoom or telephone) may be granted, in the Court’s discretion and on a case-by-case basis, only if a Party files a motion for administrative relief at least two (2) weeks in advance of the motion hearing should the Court determine that good cause exists to excuse personal attendance and that personal attendance is not needed in order to have an effective hearing.

Good cause must be supported by sworn declarations.

Source text: The facts establishing good cause must be set forth in the motion for administrative relief and supported by declaration(s) under oath establishing those facts.

Parties cannot stipulate to continue case management, status, or pretrial conferences without court approval.

Source text: Parties may not stipulate to continue a case management, status, or pretrial conference without Court approval.

Request for telephone attendance must include facts establishing good cause.

Source text: The facts establishing good cause must be set forth in the request.

Exceptions to discovery limitations require stipulation or court order.

Source text: No exceptions to the limitations established in the Federal and Local Rules shall be permitted except pursuant to stipulation of the parties or order of the Court.

Good cause required to excuse meet and confer requirement.

Source text: The Court will not excuse a party from the requisite in-person or telephonic meeting unless good cause is shown.

Administrative motion required 5 days before hearing to appear by Zoom/phone instead of in-person

Source text: Any deviation from the appearance standards above requires prior approval of the Court. The requesting party must file an administrative motion to appear by Zoom video link or telephonic link at least 5 days before the hearing. If the request is granted, specific call-in/Zoom instructions will be posted on ECF no later than 48 hours in advance.

Settlement "in principle" does not excuse parties from trial; only approved continuance releases obligation.

Source text: Shortly before trial or a final pretrial conference, counsel occasionally wish jointly to advise the clerk that a settlement has been reached and seek to take the setting off calendar but it turns out later that there was only a settlement “in principle” and disputes remain. Cases, however, cannot be taken off calendar in this manner. Unless and until a stipulated dismissal or judgment is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, on pain of dismissal of the case for lack of prosecution or default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed. If counsel expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the

Counsel must continue preparing filings and be ready to proceed pending conference

Source text: Pending such a conference, however, counsel must prepare and make all filings and be prepared to proceed with the trial.

Only Court-approved continuance releases parties from proceeding obligation.

Source text: Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed.

Time limit adjustments require Court approval if trial date changes.

Source text: In the event the trial date is changed, the parties may seek an adjustment of the time limits for compliance with the requirements of this order, which shall be effective only upon Court approval.

Motions must be filed within 14 calendar days of reserving hearing date.

Source text: Motions must be filed and noticed within 14 calendar days of reserving a hearing date with Judge Davila’s Courtroom Deputy. Failure to timely file any motion will result in the expiration of the hearing reservation without further notice to the parties.

At least 14 days between final filing and hearing date for motions.

Source text: Absent good cause, the briefing schedule for motions shall allow at least 14 days between the final filing and the hearing date.

Trial continuance requests must follow Civil Local Rule 40-1.

Source text: Any request to continue a scheduled trial date must be made in accordance with Civil Local Rule 40-1. Jury costs may be assessed for failure to proceed with a scheduled trial.

Depositions must be noticed at least 10 days in advance.

Source text: The parties shall comply with Civ. L.R. 30-1. Generally, the party seeking the deposition may notice it at least ten (10) days in advance.

Document requests to witnesses must be served at least 30 days before deposition.

Source text: Witnesses subpoenaed or requested to produce documents should ordinarily be served at least 30 days before the scheduled deposition unless otherwise stipulated, and arrangements should be made to permit inspection of the documents before the deposition commences.

Briefing schedule changes require court leave and good cause, file extension motions before deadline.

Source text: Briefing schedules may not be changed by stipulation; the parties must obtain leave of court and show good cause for such a request. Parties seeking to enlarge a filing deadline by way of a Motion for Administrative Relief are admonished to file such a motion in advance of the filing deadline, rather than on the day a brief or other matter is due.

Must give 20 days notice if no agreement reached.

Source text: Where an agreement cannot be reached and barring exigent circumstances, the party seeking the deposition may notice it at least twenty (20) days in advance.

Deponent has 10 days to counter-propose alternative date within 30 days.

Source text: If the noticed date and place is unacceptable to the deponent or deponent's counsel, the deponent or deponent's counsel shall within ten (10) days of receipt of the notice, reply and counter-propose in writing with an alternative date and place falling within thirty (30) days of the date noticed by the party seeking the deposition.

Documents must be served 30 days before deposition.

Source text: Witnesses subpoenaed to produce documents should ordinarily be served at least 30 days before the scheduled deposition and arrangements should be made to permit inspection of the documents before the deposition commences.

Opening briefs due at least six weeks before claim construction hearing.

Source text: Opening briefs in support of claim construction must be filed at least six weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent Local Rule 4-5 will apply.

Adjournment requests require signed stipulation/proposed order or motion, with good cause showing

Source text: Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make other procedural changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, a motion or administrative request in accordance with Civil Local Rule 6‐3 or 7‐11, as appropriate, and as incorporated by Criminal Local Rule 2‐1. Irrespective of whether the parties are in agreement, no changes in the Court’s schedule or procedures shall be made except by order of the Court and only upon a showing of good cause.

Continuances and procedural changes require signed stipulation with proposed order, or motion/administrative request; court order required upon showing of good cause.

Source text: Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make other procedural changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, a motion or administrative request in accordance with Civil Local Rule 6‐3 or 7‐11, as appropriate, and as incorporated by Criminal Local Rule 2‐1. Irrespective of whether the parties are in agreement, no changes in the Court's schedule or procedures shall be made except by order of the Court and only upon a showing of good cause.

Motions with less than 4 weeks between briefing close and hearing may be automatically re-noticed.

Source text: Absent exceptional circumstances, motions noticed for hearing with less than four weeks between the close of briefing and the hearing may be automatically re-noticed by the Court.

Zoom requests without good cause or filed less than 7 days before may be denied.

Source text: Requests submitted without a showing of good cause and/or submitted fewer than seven days prior to the scheduled setting will likely face denial.

Continuance requests must be submitted at least 7 days in advance; extensions beyond 4 weeks unlikely without good cause.

Source text: A party seeking to modify a date affecting the Court’s calendar (e.g., change of plea, motion hearing, sentencing) must submit a motion or stipulation, as appropriate, at least seven (7) days in advance of the scheduled setting. Absent good cause, the Court is unlikely to grant a request to continue a court date by more than four (4) weeks. A party seeking an extension of a filing deadline must also submit a motion or stipulation, as appropriate, at least seven (7) days in advance of the scheduled deadline.

Page limit enlargement requests require 3-5 court days advance notice depending on type.

Source text: Requests to enlarge page limits will rarely be granted. Stipulated requests must be filed at least three (3) court days prior to filing the underlying motion. If the request is made by administrative motion rather than stipulation, the motion must be filed at least five (5) court days prior to filing the underlying motion and any opposition must be filed: (a) at least three (3) court days before the underlying motion is filed; or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.

Longer pretrial periods require justification at initial conference.

Source text: Counsel requesting longer pretrial periods must be prepared to justify that request at the initial case management conference.

Trial dates are firm and continuances are disfavored

Source text: Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored.

Court rarely continues trials due to settlements in principle

Source text: The Court will rarely continue a trial because the parties have 'settled in principle.'

Trial continuances generally denied except for exigent circumstances or complete settlement.

Source text: Absent exigent circumstances or the parties reaching a complete settlement (not a settlement in principle) accompanied with a request for dismissal, or a stipulation with a date certain for the filing of dismissal, the Court generally will not grant trial continuances.

Extensions/continuances granted only for unforeseen emergency or settlement agreement.

Source text: Requests to extend deadlines or continue hearing dates will generally only be granted if there is an unforeseen emergency, or the parties have reached a written agreement regarding settlement.

Motions for remote hearings by Zoom must be filed one week in advance.

Source text: Motions to have a remote hearing by Zoom are due one week in advance and are not always granted.

Page limit increase motions must be filed at least two court days before brief due date.

Source text: Motions to increase page limits will rarely be granted, but any such motion must be filed no later than two court days before the brief is due.

No extensions for pending discovery disputes without compelling reasons.

Source text: The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute.

Request to construe more than 10 terms must show good cause and be filed 2 weeks before deadline; sanctions for non-compliance.

Source text: If a party has a good-faith basis for believing that more than ten terms need to be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11. The requesting party must demonstrate good cause and explain why other methods of limiting the terms at issue (such as the selection of representative terms or any grouping of terms by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good cause is shown, the Court will either agree to construe all terms or schedule a later proceeding to construe the remaining terms before trial. If more than ten terms are submitted for construction without leave of court, the Court will construe only the first ten terms listed in the joint claim construction statement and sanctions may be imposed.

Page limit increase motions must be filed 72 hours before brief deadline.

Source text: Motions to increase page limits will almost never be granted, but any such motion must be filed no later than 72 hours before the brief is due.

Requests to appear telephonically must be filed and served one week before the conference.

Source text: Requests to appear telephonically at a case management conference or hearing must be filed and served one week before the conference in accordance with Civil L.R. 16-10(a).

Administrative relief motions must be filed sufficiently in advance of deadlines.

Source text: A Party seeking to enlarge a filing deadline or other matter by way of a motion for administrative relief is admonished to file such a motion sufficiently in advance of the filing deadline sought to be enlarged to allow time for any opposition to be filed under Civil Local Rule 7-11(b), and to allow time for the Court to review prior to the original deadline, rather than at the last minute (such as only a day or two before a brief or other matter is due).

Continuances granted only for good cause with focus on diligence and prejudice.

Source text: Continuances are generally disfavored and will be granted only upon a showing of good cause, with a particular focus on diligence (or lack thereof) by the Party seeking the continuance and prejudice that may result if the continuance is denied (or granted).

Remote appearance generally denied for Bay Area residents within 100 miles of courthouse.

Source text: Absent compelling circumstances, the Court will generally not grant a motion for administrative relief to appear by videoconference or telephonically for Parties or counsel who reside or have an office located within any of the Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, and Sonoma) or are otherwise located within 100 miles of the courthouse.

Moving party cannot appear remotely on their own motion.

Source text: In addition, the Court will not generally grant a motion for administrative relief to appear remotely made by the moving Party on any motion that is the subject of the hearing.

Telephone attendance at case management conferences requires 2-week advance written request showing good cause.

Source text: Permission for a party to attend by telephone may be granted, in the Court’s discretion, upon written request made at least two (2) weeks in advance of the hearing, if the Court determines that good cause exists to excuse personal attendance and that personal attendance is not needed in order to have an effective conference.

Counsel must confer promptly to determine if continuance is needed

Source text: with counsel as promptly as circumstances permit to determine if a continuance will be in order.

Court may change trial date due to scheduling conflicts

Source text: Because of scheduling conflicts with other cases on the docket, the Court retains the discretion to change the trial date, either by way of advancement or continuance.

Parties may seek time limit adjustments if trial date changes, subject to Court approval

Source text: In the event the trial date is changed, the parties may seek adjustment of the time limits for compliance with the requirements of this order, which shall be effective only upon Court approval.

Live testimony at claim construction requires court order and 14-day advance motion.

Source text: Live testimony at claim construction is disfavored; it will be allowed only by court order upon an administrative motion explaining why the testimony would be useful. Such a motion must be filed at least 14 days before the hearing.

Extrinsic evidence not ordinarily heard; testimony requests due within two weeks of hearing.

Source text: The Court will not ordinarily hear extrinsic evidence at the claim construction hearing. Should it become apparent that testimony will be necessary, counsel may submit a request within two weeks of the hearing to seek the Court’s prior approval for such a request.

Rescheduling requests must be in writing 10 days before conference with good cause.

Source text: Any request to reschedule the above date should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown.

Initial CMC may be held 60+ days after hearing if dispositive motion pending.

Source text: If a pending motion to dismiss is dispositive of an entire case, the parties may stipulate to hold the initial CMC 60 days or more after the hearing.

Hearings vacated no later than two court days before if not necessary.

Source text: The Court does not generally issue tentative rulings. If the Court determines a hearing is not necessary, it will usually be vacated no later than two court days before the hearing.

Hearings are typically vacated no later than three days before the scheduled date if not needed.

Source text: If the Court determines a hearing is not necessary, it will usually be vacated no later than three days before the hearing.

Case management conference can be moved to 15 days after dispositive motion to dismiss hearing.

Source text: If a defendant files a motion to dismiss that is dispositive of the entire case, the parties can stipulate to move the initial case management conference to 15 days after the hearing on that motion.

Trial dates typically set 12-16 months after complaint filing.

Source text: The trial date will almost always be 12–16 months after the date the original complaint was filed.

Pretrial conference 1-2 weeks before trial; dispositive motions due 2-3 months before pretrial.

Source text: The pretrial conference will be 1 or 2 weeks before the trial. The last day for a hearing on dispositive motions will be roughly 2 to 3 months before the pretrial conference.

Court may change trial date due to scheduling conflicts.

Source text: Because of scheduling conflicts with other cases on the docket, the Court retains the discretion to change the trial date, either by way of advancement or continuance.