Northern District of California Document Filing Requirements

Joint Case Management Statement must include certification that parties reviewed ESI Guidelines and met/conferred per Rule 26(f) on evidence preservation.

Source text: A brief report certifying that the parties have reviewed the Guidelines Relating to the Discovery of Electronically Stored Information ("ESI Guidelines"), and confirming that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence relevant to the issues reasonably evident in this action.

Joint Case Management Statement must include Certification of Interested Entities or Persons per Local Rule 3-15 and restate its contents, including funding sources in class actions.

Source text: Whether each party has filed the "Certification of Interested Entities or Persons" required by Civil Local Rule 3-15. In addition, each party must restate in the case management statement the contents of its certification by identifying any persons, firms, partnerships, corporations (including parent corporations) or other entities known by the party to have either: (i) a financial interest in the subject matter in controversy or in a party to the proceeding; or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. In any proposed class, collective, or representative action, the required disclosure includes any person or entity that is funding the prosecution of any claim or counterclaim.

Joint Case Management Statement must confirm that all attorneys have reviewed the Guidelines for Professional Conduct.

Source text: Whether all attorneys of record for the parties have reviewed the Guidelines for Professional Conduct for the Northern District of California.

Plea agreements must be emailed to chambers by 2:00 PM Monday before change of plea; open pleas require notification by same deadline.

Source text: If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to the Judge Martínez-Olguín’s Courtroom Deputy at amocrd@cand.uscourts.gov by 2:00 p.m. the Monday before the change of plea setting. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 pm the Monday before the change of plea setting.

Transcript requests must be arranged with Court Reporter Coordinator at least one week before trial.

Source text: If transcripts will be requested during or immediately after the trial, arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-637-3534) at least one week prior to the commencement of the trial.

Interpreter requests must be made at least 30 days before trial if no certified court interpreter is available.

Source text: Counsel must notify the Court at least 30 days in advance of trial if any witness requires an interpreter and there is no certified court interpreter available to translate in the necessary language(s).

List of counsel must be emailed at least 2 court days before proceeding.

Source text: The list shall be emailed at least two (2) court days in advance of the scheduled proceeding.

Daubert motions must specify exact paragraphs to exclude.

Source text: Daubert motions must clearly specify the paragraphs or portions of the report that the party seeks to exclude.

All expert witnesses must provide written reports under Rule 26(a)(2)(B).

Source text: All witnesses who will provide expert testimony under Federal Rule of Evidence 702, 703, or 705, whether retained or non-retained, must be disclosed and must provide written reports in compliance with Federal Rule of Civil Procedure 26(a)(2)(B).

Expert reports must number paragraphs and include table of contents.

Source text: All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.

Expert reports must list each opinion to be proffered.

Source text: The reports shall list each opinion to be proffered and provide an executive opinion of each.

Expert reports must identify and produce all relied-upon written materials.

Source text: At the time of disclosure of a written report, the disclosing party must identify all written materials upon which the expert relies in that report and produce those materials if they have not done so previously.

Percipient witnesses with expert-level technical expertise must be identified by expert disclosure deadline.

Source text: Any percipient witness who may also testify at trial with technical expertise akin to an independent expert shall be identified by name no later than the date of expert disclosures to allow for deposition, if necessary.

Parties must highlight specific lines relied upon in summary judgment motions.

Source text: Parties shall underline, highlight, or otherwise (e.g., by hyperlink) specific lines of the documents and transcripts upon which they rely in support of or in opposition to a motion.

Amended pleadings require concurrent redlined/highlighted comparison version.

Source text: If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Exhibits must be separately filed on ECF with sequential numbering.

Source text: All exhibits to motions and/or discovery dispute joint statements should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on.

AI tools not prohibited but counsel must personally verify accuracy.

Source text: Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any content generated by these tools.

AI-generated content requires certification of personal verification by lead trial counsel.

Source text: Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content's accuracy.

Parties must comply with 2015 FRCP amendments, particularly Rule 1 directive and Rule 26(b)(1) proportionality.

Source text: Parties should be mindful of the December 1, 2015 amendments to the Federal Rules of Civil Procedure, and in particular, the directive in Rule 1 that the Rules 'should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding,' and the proportionality requirements for discovery under Rule 26(b)(1).

Discovery statements must be e-filed under specific Civil Events category.

Source text: The joint statement or individual statements shall be e-filed (unless the case is exempt from e-filing requirements). Whether joint or individual, the statement must be filed under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”

Privilege logs must be produced within 14 days of disclosures or discovery responses.

Source text: If a party withholds material as privileged under Federal Rule 26(b)(5) or 45(d)(2)(A), it must produce a privilege log as quickly as possible, but no later than fourteen days after its disclosures or discovery responses are due, unless the parties stipulate to or the Court sets another date.

Privilege logs must include specific required elements.

Source text: Privilege logs must contain the following: (a) the subject matter or general nature of the document (without disclosing its contents); (b) the identity and position of its author; (c) the date it was communicated; (d) the identity and position of all addressees and recipients of the communication; (e) the document’s present location; and (f) the specific privilege and a brief summary of any supporting facts.

Securities cases require 14-day appendix with specific allegations.

Source text: Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file an appendix summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading.

Class action settlement motions must follow NDCA Procedural Guidance in order.

Source text: Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://www.cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the guidelines are presented on the website.

Post-distribution accounting required within 21 days, must address class member concerns.

Source text: As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days after the final distribution of settlement funds. In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Failure to file opposition memo constitutes consent to motion.

Source text: The failure of a party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.

Objections to evidence must be contained within the objecting party's brief.

Source text: Objections to evidence shall comply with the Civil Local Rules, which require that objections be contained within the objecting party’s brief. See Civ. L.R. 7-3(a), (c).

Attorney fee motions must include a chart summarizing hours expended on major tasks.

Source text: In addition to the motion, memorandum, and evidence, a party moving for attorneys’ fees must provide the Court with a chart, in the format set forth below, summarizing the hours expended on the major tasks in the case.

Proposed orders must be emailed in Word format on the same day of e-filing.

Source text: All proposed orders in e-filing cases shall be submitted in Word format by email to BLFpo@cand.uscourts.gov on the same day the proposed order is e-filed.

Lead counsel must meet and confer at least 21 days before final Pretrial Conference on settlement, Joint Pretrial Statement, Rule 26(a)(3) materials, and contested issues.

Source text: At least 21 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to: (1) Settlement of the Case; (2) Preparation of the Joint Pretrial Statement and Order; (3) Preparation and exchange of pretrial materials to be filed pursuant to Federal Rule of Civil Procedure 26(a)(3); and (4) Clarification and narrowing of the contested issues for trial.

Joint Pretrial Statement and Order must be filed at least 14 days before final Pretrial Conference.

Source text: At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement and Order containing the following information:

Joint Pretrial Statement and Order must include specific binding language above signature lines.

Source text: The Joint Pretrial Statement and Order shall recite, directly above the signature lines of the parties, the following: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this action, unless modified to prevent manifest injustice.

Exhibit list and pre-marked exhibits required 7 days before final Pretrial Conference.

Source text: At least 7 days before the final Pretrial Conference, each party shall file an exhibit list and serve upon all other parties copies of all pre-marked exhibits.

Joint Pretrial Statement required 7 days before final Pretrial Conference.

Source text: At least 7 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement addressing all items listed in Criminal Local Rule 17.1-1(b).

Jury materials must be filed 7 days before final Pretrial Conference in hard copy and word processing format via email.

Source text: At least 7 days before the final Pretrial Conference, the parties shall file and serve the following materials. All jury materials must be submitted in hard copy and in word processing format via e-mail to BLFpo@cand.uscourts.gov.

Witness list with testimony summaries required 7 days before final Pretrial Conference.

Source text: At least 7 days before the final Pretrial Conference, the parties shall file a witness list that includes a brief summary of the testimony of each witness.

Continuance requests must specify previous extension history in the caption.

Source text: The caption of any request for a continuance or extension shall indicate how many previous extensions have been requested (e.g., “First Request for Extension”). The request must state whether the Court has granted those extensions and whether the Court has stated that no further extensions will be granted.

Joint case management statement required 14 days before any case management conference.

Source text: Parties must prepare a joint case management statement fourteen (14) days prior to the date of any case management or status conference. The joint case management statement shall comply with the “Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement” and Civil Local Rule 16-9.

Initial case management statement must include full litigation schedule with amendment and ADR deadlines.

Source text: In their joint case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a proposed last day to amend pleadings as well as a deadline to complete ADR, regardless of whether they have received a ruling on any motion to dismiss.

Conference requests must identify issues, explain basis, and detail meet-and-confer efforts.

Source text: If any party believes a conference is needed, the party shall identify the issue(s) that require the Court’s attention, explain the basis for the request, and detail the efforts that the parties have made to address or resolve the issue.

Each motion must include a proposed order complying with applicable local rules.

Source text: Each motion shall be accompanied by a proposed order pursuant to Civil Local Rule 7-2(c). Each proposed order shall comply with any applicable Civil Local Rule. See, e.g., Civil L.R. 6-3 (proposed orders to change time), 7-11 (proposed orders for administrative relief), 16-9 (proposed case management orders), 65-1 (proposed temporary restraining orders), 72-2 (proposed orders for relief from a non-dispositive Magistrate Judge order), 79-5 (proposed orders to seal documents).

Proposed orders must be filed as PDF on ECF; Word copy required for sealing, patent claim construction, or TRO/injunction motions.

Source text: All proposed orders should be filed in PDF form on ECF. In addition, the moving party should submit a Microsoft Word chambers copy only if the proposed order relates to: (1) a sealing motion; (2) a claim construction proceeding in a patent case; or (3) a motion for a temporary restraining order or preliminary injunction. The Word version chambers copy should be sent to eklpo@cand.uscourts.gov.

All citations and factual statements must be completely accurate; misrepresentations may result in sanctions.

Source text: All case citations and factual statements must be completely accurate. A citation to a case, statute, or other authority is counsel's representation to the Court that the authority stands for the proposition asserted and is good law. A quotation of a case or other authority is counsel's representation that the quoted language is complete and present in the authority cited. Counsel must ensure that the use of ellipses or elisions in quotes does not mislead the Court or misrepresent the substance of the holding or other authority. Counsel's representations of facts are subject to the same requirements of completeness and accuracy. Misrepresentations of law or fact, however subtle, may result in sanctions and a referral to the District's Standing Committee on Professional Conduct.

AI-generated content submissions require certification of accuracy by lead trial counsel.

Source text: Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content’s accuracy.

Non-compliance with AI disclosure certification may result in sanctions.

Source text: Failure to include this certification or comply with this verification requirement will be grounds for sanctions.

Fourth summary judgment brief must be filed at least 28 days before hearing.

Source text: The fourth brief must be filed at least 28 days before the hearing date.

Separate statements must be signed with attestation that evidence fairly and accurately supports or disputes facts.

Source text: Each separate statement must be signed by counsel or unrepresented party who has reviewed the document and attests as follows: I attest that the evidence cited herein fairly and accurately supports or disputes the facts as asserted.

Separate statements must not include argument or circumvent page limits.

Source text: The separate statements shall not include argument in support of the summary judgment motion and shall not be used to circumvent the page limits that apply to summary judgment briefing.

Separate statements should only include facts cited in the summary judgment briefs.

Source text: Parties should include only those facts that are actually cited in the briefs. Facts that are not cited in the summary judgment briefs will not be considered.

Objections to evidence must be contained within the brief, not filed separately.

Source text: Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading.

Discovery will be referred to magistrate judge; parties must follow magistrate judge's procedures.

Source text: Discovery in almost all cases will be referred to a magistrate judge. The parties must follow the magistrate judge’s procedures.

Discovery disputes require in-person or videoconference meet and confer; letters/emails/calls insufficient.

Source text: Upon the development of an impasse with respect to discovery, the parties must first meet and confer; that is, counsel for each party shall meet and confer in person or via videoconference to attempt to resolve their dispute informally. A mere exchange of letters, emails, or telephone calls does not satisfy the meet and confer requirement.

Protective order filings must indicate if based on model orders and identify deviations with redlined comparison.

Source text: When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model orders. If they have, they must identify any deviations from the model order by submitting as an exhibit a redlined or highlighted comparison of their proposed order and the model order.

Class settlement motions must comply with Northern District's Procedural Guidance.

Source text: In connection with motions for approval of class settlements, the parties shall comply with the requirements set forth in the Northern District’s Procedural Guidance for Class Action Settlements, available at https://www.cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/. In addition, the following shall apply.

Preliminary approval documents must be sent in Word format to specific email.

Source text: The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word format to eklpo@cand.uscourts.gov.

Motion must discuss appropriateness of electronic notice methods.

Source text: The motion must discuss whether notice by email and/or social media, use of online claims and opt-out forms, and a website for the settlement are appropriate, and if not, explain why not.

Money settlement motions must discuss redistribution of unclaimed funds.

Source text: In a proposed settlement involving the distribution of money to a class, the motion must discuss whether unclaimed funds should be redistributed to class members who claimed their share, and if not, explain why not.

Claim-based settlements require motion to explain why claims are necessary.

Source text: If the settlement requires class members to file claims, as opposed to simply receiving checks, the motion must address why that is appropriate.

Fee motion must be filed at least 35 days before objection deadline.

Source text: In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 35 days before the deadline for objecting to the settlement.

Final approval order must list all settlement administration dates.

Source text: The proposed order granting final approval should list all dates relating to the administration of the settlement, including the dates for when the checks distributing the judgment separately from their proposed order granting final approval.

Post-Distribution Accounting required within 21 days of fund distribution.

Source text: Within 21 days after the settlement funds have been fully distributed to class members (but before distribution to cy pres recipients), class counsel will be required to file a Post-Distribution Accounting, as described in the Northern District’s Procedural Guidance for Class Action Settlements.

Post-Distribution Accounting must discuss class member concerns and issues.

Source text: In addition to the information contained in the Guidance, the Post-Distribution Accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Final approval order must specify fee withholding percentage.

Source text: The proposed order granting final approval should specify what percentage class counsel believes it is appropriate to withhold.

Post-Distribution Accounting must include proposed order releasing remaining fees.

Source text: With the Post-Distribution Accounting, class counsel should submit a proposed order releasing the remainder of the fees.

Defendant counsel must notify court and complete guilty plea form 3 court days before open plea.

Source text: If there is to be an open plea, counsel for the defendant shall notify the Court no later than noon three (3) court days before the plea is to be entered. Counsel shall review and complete the Application to Enter Guilty Plea & Order form (https://cand.uscourts.gov/forms/criminal-forms/), presenting the government with a copy of the completed application.

Sealing motions require proposed order in Word format listing sealable material.

Source text: The motion must be accompanied by a proposed order that is narrowly tailored to seal only the sealable material, and lists in table format each document or portion thereof that is sought to be sealed, pursuant to Criminal Local Rule 56-1(c). Proposed orders should be sent in Microsoft Word format to eklpo@cand.uscourts.gov.

Joint case management status report required after claim construction ruling.

Source text: Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report.

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

Source text: Parties and counsel shall follow the Federal Rules of Civil Procedure, the Patent Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

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

Source text: The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed. For any term in dispute, the parties must agree on the identity of the term. With regard to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party's proposed construction; and support for each party's proposed construction side by side. A model claim construction statement is attached to this Order.

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

Source text: Parties must attach to the joint claim construction statement copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court 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.

Source text: The Court will generally construe no more than 10 terms. If multiple terms present identical issues, they may be grouped together or a representative term may be chosen, and each group or representative term may be considered a single term for purposes of the ten-term limit. If more than ten terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms that are to be construed by the Court and shall jointly propose the ten terms requiring construction.

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

Source text: 6. If a plea is being entered pursuant to a plea agreement, counsel for the government shall email a copy of the plea agreement to the Court (with all counsel cc'd) to HSGcrd@cand.uscourts.gov by 2:00 p.m. the Friday before the plea is to be entered. If there is to open plea is to be entered.

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

Source text: 1. Parties and counsel shall follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

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

Source text: Prior to change of plea and sentencing hearings for out-of-custody Defendants, the government shall indicate whether the offense of conviction is subject to the mandatory remand statute, 18 U.S.C. § 3143. The government shall email the Court (with all counsel cc'd) to HSGcrd@cand.uscourts.gov by no later than the Monday before the hearing.

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

Source text: 7. Motions must be noticed for a hearing in accordance with Criminal Local Rule 47- 1. Counsel need not reserve a hearing date in advance. However, before selecting a hearing date, counsel must consult Judge Gilliam's scheduling notes to determine which dates are available. Motions may be reset as the Court's calendar requires. All motions shall comply with Criminal Local Rule 47-2. Please refer to this Court's Criminal Pretrial and Trial Standing Order for information regarding motions in limine.

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

Source text: 1. Parties and counsel shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Plaintiff/removing defendant must serve standing order on all parties and file certificate of service.

Source text: 2. Plaintiff (or in the case of removed cases, any removing defendant) shall promptly serve copies of this standing order upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. Following service, the responsible party shall file a certificate of service with the Clerk of this Court.

Joint case management statement required 7 days before conference; separate allowed for pro se cases.

Source text: 12. The parties must file a joint case management statement addressing those items required by the Standing Order for all Judges of the Northern District of California. Parties shall file their joint statement not less than seven calendar days prior to the case management conference. In cases involving pro se litigants, the parties may file separate case management statements.

Stipulation and Proposed Order for ADR must be filed 7 days before case management conference.

Source text: 13. Consistent with Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct the ADR

Proposed orders must be emailed in Word format on same day as e-filing.

Source text: Proposed orders shall be submitted in Word format by email to HSGpo@cand.uscourts.gov on the same day the proposed order is e-filed.

Redlined or highlighted version required with amended pleadings

Source text: If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Joint statement (max 5 single-spaced pages) required for discovery disputes.

Source text: Instead of a noticed motion, the parties shall prepare a joint statement of not more than five single-spaced pages (12-point font or greater) stating the nature and status of the dispute and attesting to their good faith meet and confer efforts. Each side thus has approximately 2.5 pages of the submission. Issue-by-issue, the joint statement shall describe each unresolved issue, summarize each party’s position with appropriate legal authority, and provide each party’s final proposed compromise before addressing the next issue. It is preferable that the parties file a separate statement for each dispute. When necessary, the parties may submit supporting declarations and documentation of up to 12 pages.

Discovery statements must be e-filed under specific Civil Events category.

Source text: The joint statement or individual statements shall be e-filed (unless the case is exempt from e-filing requirements). Whether joint or individual, the statement must be filed under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”

Class action settlement approval motions must address guidelines in specified order.

Source text: Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/forms/procedural-guidance-for- classaction-settlements/, in the order the guidelines are presented on the website.

Post-distribution accounting required within 21 days, including discussion of class member concerns.

Source text: As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days after the final distribution of settlement funds. In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Joint claim construction statement must designate disputed terms and be truly joint.

Source text: The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed.

Joint statement must list disputed terms by claim with each party's proposed construction and support.

Source text: For any term in dispute, the parties must agree on the identity of the term. With regard to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side.

Joint statement must include copies of all patents in dispute and complete prosecution history available upon request.

Source text: Parties must attach to the joint claim construction statement copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.

New constructions cannot be proposed for first time in reply briefs or filings without opportunity for response.

Source text: While the Court encourages the parties to negotiate mutually agreeable constructions, the parties may not propose new constructions for the first time in reply briefs or other filings that do not afford the opposing party an opportunity to respond.

Request required to propose different construction in brief than in joint statement, with explanation of basis.

Source text: If for some exceptional reason a party needs to propose a different construction in its brief than that found in the joint claim construction statement, that party must submit a short request for consideration to the Court that clearly sets forth the new construction and explains the basis for the change.

Amended final joint claim construction statement required with reply briefs if positions have changed.

Source text: At the time of filing the reply briefs, the parties shall file an amended, final joint claim construction statement if there has been any change in the parties’ claim construction positions, including in the amended statement only the remaining disputed terms, phrases, and clauses.

Technology synopsis (max 12 pages) due 7 court days before tutorial, neutral overview only.

Source text: If a tutorial is scheduled, each party should file a written technology synopsis that provides, in plain and accessible language, background information about the technology and science to be discussed at the tutorial. The synopsis is due at least 7 court days before the tutorial, and should not exceed 12 pages. Do not include a rewrite of any portion of the patent or claim construction statements, or argument on any legal issue such as invalidity, infringement, patentability and so on. The synopsis should be a neutral overview of the technology related to the tutorial.

Joint case management statement must be filed 7 days before conference.

Source text: The parties must file a joint case management statement addressing the standardized items required by the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statements. The joint statement must be filed at least seven calendar days prior to the case management conference.

Lead counsel must attend with authority to stipulate and admit.

Source text: For parties with counsel, each party must be represented at the case management conference by lead counsel prepared to address all pertinent matters and with authority to enter stipulations and make admissions.

Formal discovery cannot begin until after Rule 26(f) conference.

Source text: Pursuant to Federal Rule Civil Procedure 26(d)(1), formal discovery should not be served or initiated by any party until after the parties have conferred as required by FRCP 26(f), except by stipulation or court order, or as provided for in FRCP 26(d)(2) or other rules.

Joint statements of undisputed facts not required but helpful on summary judgment motions; separate statements not permitted

Source text: On summary judgment motions, joint statements of undisputed facts are not required but are helpful if completely agreed upon. Separate statements of “undisputed facts” may not be filed. See Civil L.R. 56-2.

All submissions must include hearing/conference date and time on cover sheet

Source text: All submissions filed with the Court must include the date and time of the hearing or conference on the cover sheet.

Parties must inform Court of potentially related actions in this District or other federal/state courts

Source text: The parties are reminded that they must inform the Court of any potentially related actions pending in this District or any other federal or state court in accordance with Civil Local Rules 3-12 and 3-13.

Plea agreement or open plea notification required by 10:00 AM day before plea.

Source text: If a plea is being entered pursuant to a plea agreement, counsel for the government shall deliver a copy of the plea agreement to chambers on the 19th Floor in San Francisco by 10:00 a.m. the day before the plea is to be entered. If the plea is not pursuant to a plea agreement or if the specifics of the agreement are not yet finalized, counsel for the defendant shall notify the Courtroom Deputy of the entry of an open plea, and shall deliver a copy of the application for entry of plea to chambers by 10:00 a.m. the day before the plea is to be entered.

Joint case management statement due 7 calendar days before case management conference unless court orders otherwise.

Source text: Parties are required to file a joint case management statement not less than seven calendar days before a scheduled case management conference, unless the Court sets a different deadline.

Discovery letter briefs must be filed in specific ECF category.

Source text: The joint letter brief must be filed electronically in the Civil Events category of Motions and Related Filings > Motions – General > Discovery Letter Brief.

Final brief in cross-motions must be filed 21 days before hearing.

Source text: The fourth brief must be filed at least 21 days before the hearing date.

Court withholds 10-25% of attorney fees until post-distribution accounting filed.

Source text: The Court will typically withhold between 10% and 25% of the attorney’s fees granted at final approval until after the post-distribution accounting has been filed.

Class counsel must file proposed order releasing withheld fees with post-distribution accounting.

Source text: Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Telephonic appearance requests require filing 7 days before scheduled appearance.

Source text: parties seeking to appear telephonically must file a stipulation and proposed order, or an administrative motion and proposed order if a stipulation is not possible, at least seven calendar days prior to the scheduled appearance.

Proposed orders must be submitted electronically in Word format to jstpo@cand.uscourts.gov.

Source text: Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Joint case management statement required 7 days before case management conference.

Source text: Parties are required to file a joint case management statement not less than seven calendar days before a scheduled case management conference, unless the Court sets a different deadline.

Parties must preserve relevant information and suspend document destruction programs.

Source text: Parties must take the steps needed to preserve information relevant to the issues in the litigation, including suspending document-destruction programs that, if not suspended, could result in evidence spoliation.

Depositions of fact witnesses must be noticed 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.

Discovery letter briefs must be filed in specific ECF category.

Source text: The joint letter brief must be filed electronically in the Civil Events category of Motions and Related Filings > Motions – General > Discovery Letter Brief.

Fourth brief in cross-motions must be filed 21 days before hearing.

Source text: The fourth brief must be filed at least 21 days before the hearing date.

Post-distribution accounting required within 21 days of settlement distribution.

Source text: The Court will require a post-distribution accounting within 21 days after the distribution of settlement funds.

Court withholds 10-25% of attorney fees until post-distribution accounting filed.

Source text: The Court will typically withhold between 10% and 25% of the attorney’s fees granted at final approval until after the post-distribution accounting has been filed.

Telephonic appearance requests require 7-day advance filing of stipulation or motion.

Source text: parties seeking to appear telephonically must file a stipulation and proposed order, or an administrative motion and proposed order if a stipulation is not possible, at least seven calendar days prior to the scheduled appearance.

Telephonic appearance requests for CMC must wait until case management statement filed.

Source text: If a case management statement is required, parties may not file a request to appear telephonically at a case management conference until after the case management statement has been filed.

Proposed orders must be emailed in Word format to jstpo@cand.uscourts.gov.

Source text: Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Proposed orders must be submitted electronically in Word format to specific email address.

Source text: Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Pretrial statement must address all items in Criminal Local Rule 17.1-1(b).

Source text: The parties must file a pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).

Pretrial statement must include joint jury instructions using Ninth Circuit Model, with deviations clearly marked and supported.

Source text: The parties must attach to their pretrial statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents. The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority.

Email Word versions of jury instructions, voir dire, and verdict form to jstpo@cand.uscourts.gov on filing day.

Source text: The parties must e-mail Word versions of the proposed jury instructions, voir dire, and verdict form to jstpo@cand.uscourts.gov on the same day they file them.

Exhibits not provided as required may be excluded at court's discretion.

Source text: All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion.

Exchange all trial exhibits 21 days before final pretrial conference.

Source text: At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, and other similar documentary materials to be used in their case-in-chief, together with a complete list of all such proposed exhibits.

Deliver pre-marked exhibits in three-ring binders to courtroom deputy 7 days before trial.

Source text: At least seven calendar days prior to the beginning of trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the courtroom deputy.

Notify other parties of next day's witnesses by close of each trial day.

Source text: Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day.

Joint pretrial statement due 7 days before pretrial conference

Source text: Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than seven calendar days before the pretrial conference.

Witnesses not disclosed in pretrial statement require court leave

Source text: No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court.

Disputed discovery responses must be separately filed with objections

Source text: Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party.

Exchange all exhibits and lists 21 days before final pretrial conference

Source text: At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, and other similar documentary materials to be used in their case-in-chief, together with a complete list of all such proposed exhibits.

Meet and confer immediately after exhibit exchange to stipulate admissibility

Source text: Following the exchange, the parties must immediately meet and confer about the exhibits and any potential objections thereto, and must make a good faith effort to stipulate to exhibits' admissibility.

Parties must use non-overlapping exhibit number ranges with room for additions

Source text: The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial. For example, the parties might agree that the plaintiff will use numbers 001–199 and the defendant will use numbers 200–399.

Deliver pre-marked exhibits in 3-ring binders to Clerk 7 days before trial

Source text: Unless otherwise ordered, at least seven calendar days prior to the commencement of the trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk's office, marked for the attention of the courtroom deputy.

Proposed findings of fact and conclusions of law due 7 days before pretrial conference

Source text: At least seven calendar days prior to the pretrial conference, each party must serve and file with the Court proposed findings of fact and conclusions of law on all material issues.

Proposed findings must be brief, plain English, and free of pejorative language

Source text: The proposed findings must be brief, written in plain English, and be free of pejorative language, conclusions, or argument.

Conclusions of law must include citations to legal authority

Source text: Conclusions of law must be supported by appropriate citation to legal authority.

Parties must notify other parties of next day's witnesses by end of each trial day

Source text: Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day.

Counsel cannot consult witness during cross-examination about prior testimony

Source text: Once the cross-examination of a witness has commenced, and until cross-examination of the witness has concluded, counsel offering the witness on direct examination must not: (a) consult or confer with the witness regarding the substance of the witness's testimony already given,

Parties must follow ESI guidelines and meet/confer on ADR and ESI topics before initial case management conference.

Source text: Parties must review in detail the Northern District’s electronically stored information (“ESI”) guidelines and checklist for Rule 26(f) conferences, which are available at https://cand.uscourts.gov/eDiscoveryGuidelines. The Court discourages deviation from the ESI guidelines absent good cause. Failure to meet and confer regarding the required topics prior to the initial case management conference, including alternative dispute resolution and ESI, may, in the reasonable exercise of the Court’s discretion, result in sanctions or disciplinary action.

Protective orders must use model orders or include required declarations explaining deviations.

Source text: Parties who seek a protective order or order re: discovery of ESI must, where practicable, use one of the model stipulated orders available at https://cand.uscourts.gov/model-protective-orders or https://cand.uscourts.gov/eDiscoveryGuidelines. Parties must file one of the following with any proposed protective order or order re: discovery of ESI: (a) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (b) a declaration explaining each modification to the model order, along with a redline version comparing the proposed order with the model order; or (c) a declaration explaining why use of one of the model orders is not practicable. Proposed orders that are not accompanied by one of the required declarations will be denied without prejudice.

Administrative motions and declarations must be submitted in Word format by email on the same day of filing.

Source text: Each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall be submitted in Word format by email to nwpo@cand.uscourts.gov on the same day of filing.

Stipulation and proposed order setting briefing schedule required before first brief.

Source text: Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.

Chart summarizing hours expended required with attorneys' fees motion.

Source text: In addition to the motion, memorandum, and evidence, a party moving for attorneys’ fees must provide the Court with a chart, in the format set forth below, summarizing the hours expended on the major tasks in the case.

Attorneys' fees hours chart must be submitted in Word format by email.

Source text: Electronic copies of the chart must be sent in Word format to nwpo@cand.uscourts.gov

Class action settlement motions must follow Northern District of California's Procedural Guidance in order.

Source text: Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the guidelines are presented on the website.

Final approval motion must specify appropriate withholding percentage and justification.

Source text: The final approval motion should specify what percentage class counsel believes it is appropriate to withhold and why.

Joint claim construction statement must include chart with disputed terms and proposed constructions.

Source text: The joint claim construction statement required by Patent Local Rule 4-3 must include a chart, in the format set forth below, listing each disputed term, phrase, or clause (by claim); each party’s proposed construction; and support for each party’s proposed construction side by side.

Joint claim construction chart must be submitted in Word format by email.

Source text: Electronic copies of the chart included in the joint claim construction statement must be sent in Word format to nwpo@cand.uscourts.gov.

Amended pleadings require concurrent redlined/highlighted comparison version.

Source text: If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Proposed orders must be emailed in Word format to nwpo@cand.uscourts.gov.

Source text: Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Materials used at hearings must be filed electronically within 7 days.

Source text: Any materials used during a hearing or case management conference shall be electronically filed within seven days of the hearing or case management conference.

Joint Pretrial Statement must be filed 14 days before pretrial conference

Source text: Unless otherwise ordered, the parties must file and serve a Joint Pretrial Statement no later than 14 calendar days before the pretrial conference.

Witnesses not disclosed in pretrial statement require court leave

Source text: No party will be permitted, without leave of court, to call any witness in its case-in-chief who is not disclosed in its pretrial statement.

Parties must account for all trial time except voir dire

Source text: The parties must provide the total number of hours requested for the trial. Except for voir dire, ALL time should be accounted for, including but not limited to opening statements, direct and cross-examination, objections, sidebars, argument outside the presence of the jury, and closing arguments.

Trial time equally divided between plaintiffs and defendants unless stipulated otherwise

Source text: Unless the parties stipulate otherwise, or by Court order, the total number of hours will be equally divided between plaintiffs and defendants, regardless of the number of parties.

Criminal motions must be noticed for hearing per Local Rule 47-1.

Source text: All criminal motions must be noticed for a hearing in accordance with Criminal Local Rule 47-1.

Maximum 2 motions per party per hearing without leave of court.

Source text: No party will be given reservations for more than two motions without leave of Court, nor will the Court hear more than two motions per party at a particular hearing without leave of Court or a Court order.

Motions must comply with Criminal Local Rule 47-2.

Source text: All motions shall comply with Criminal Local Rule 47-2.

Reply briefs to motions in limine require court order showing good cause.

Source text: The Court will not consider reply briefs absent prior order on a showing of good cause.

Amended pleadings must include redlined or highlighted comparison to prior version.

Source text: If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Source text: Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Joint pretrial statement required addressing all items in Criminal Local Rule 17.1-1(b).

Source text: The parties must file a joint pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).

Joint jury instructions with table of contents required with pretrial statement.

Source text: The parties must attach to their pretrial statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents.

Must use Ninth Circuit Model Jury Instructions; deviations must be red-lined and supported by authority.

Source text: The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority.

Disputed jury instructions must be marked “disputed” with concise argument and authority.

Source text: Any instruction to which the parties disagree must be marked as “disputed” and must be followed by concise argument and authority in support of and against the use of the instruction.

Joint list of agreed and disputed voir dire questions required with pretrial statement.

Source text: The parties must attach to their pretrial statement a joint list of agreed-upon voir dire questions and a list of any voir dire questions on which they could not agree.

US counsel must file, serve, and lodge verdict form on same day as pretrial statement.

Source text: Counsel for the United States must file and serve a verdict form on the same day as the pretrial conference statement is due. Copies of the verdict form must also be lodged with the pretrial conference statement.

Word versions of jury instructions, voir dire, and verdict form must be emailed to nwpo@cand.uscourts.gov same day as filing.

Source text: The parties must e-mail Word versions of the proposed jury instructions, voir dire, and verdict form to nwpo@cand.uscourts.gov on the same day they file them.

Exhibits must be exchanged at least 21 days before final pretrial conference with complete list.

Source text: At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, and other similar documentary materials to be used in their case-in-chief, together with a complete list of all such proposed exhibits.

Parties must meet and confer immediately after exhibit exchange to stipulate admissibility.

Source text: Following the exchange, the parties must immediately meet and confer about the exhibits, including any objections to their use, and must make a good faith effort to stipulate to exhibits’ admissibility.

Exhibits must be delivered in three-ring binders to courtroom deputy 7 days before trial.

Source text: Unless otherwise ordered, at least seven calendar days prior to the beginning of trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the courtroom deputy.

Exhibits not provided as required may be excluded at court's discretion.

Source text: All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion.

Failure to notify witnesses may result in exclusion at court's discretion.

Source text: Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness who was not properly disclosed.

Lead trial counsel must meet and confer at least 21 days before final pretrial conference

Source text: At least 21 calendar days before the final pretrial conference, lead trial counsel must meet and confer with respect to:

Joint pretrial statement must be filed 14 days before pretrial conference

Source text: Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than 14 calendar days before the pretrial conference.

Parties must account for all trial time (except voir dire) in hours

Source text: The parties must provide the total number of hours needed for the trial. Except for voir dire, ALL time should be accounted for, including but not limited to opening statements, closing arguments, cross-examination, sidebars, objections, and argument outside the presence of the jury.

Trial hours equally divided between plaintiffs and defendants unless stipulated otherwise

Source text: Unless the parties stipulate otherwise, or by Court order, the total number of hours will be equally divided between plaintiffs and defendants, regardless of the number of parties.

Parties must track and report daily time usage to court

Source text: The parties will be required to keep track of their time each day, account for all available hours the jury is available (irrespective of whether the parties elect to use all of those hours), and report the stipulated division of time to the Court each day.

Joint pretrial statement must include binding language above signature lines.

Source text: The joint pretrial statement described above must include the following language directly above the signature lines: The parties have made the foregoing admissions and set forth the remaining issues of fact and law to be litigated at trial. This Joint Pretrial Statement supplements the parties' pleadings and, along with the Court's orders, governs the course of trial of this case.

Lead counsel or self-represented party must attend pretrial conference in person.

Source text: Pretrial conferences are held in person. Lead counsel who will try the case, or the party if self-represented, must attend the pretrial conference and be prepared to address all aspects of trial; this includes the substance of all documents, arguments, and issues set forth in this standing order.

Parties must exchange exhibits 21 days before final pretrial conference.

Source text: At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, together with a complete list of all such proposed exhibits. Voluminous exhibits must be reduced by elimination of irrelevant portions or through summaries.

Jury materials (participants list, voir dire, instructions, verdict form) due 14 days before pretrial conference with two courtesy copies and Word versions emailed.

Source text: no later than 14 calendar days before the pretrial conference, the parties must jointly file and serve the following documents, described further below, with two courtesy copies delivered to the Court, and Word versions emailed to nwpo@cand.uscourts.gov: (a) list of participants; (b) agreed upon voir dire questions; (c) proposed jury instructions; and (d) a proposed jury verdict form.

Parties must submit agreed and disputed voir dire questions to Court.

Source text: The parties must provide for the Court’s consideration: a list of any agreed upon voir dire questions; a separate list of requested voir dire questions on which counsel cannot agree; and, a list of questions, if any, the parties would prefer the Court ask the jurors.

Parties must notify others of next day's witnesses and exhibits by end of each trial day.

Source text: Unless otherwise ordered, by the close of each trial day each party must notify all other parties of all witnesses that party intends to call on the following trial day and shall provide a list of all exhibits that will be used on direct and cross-examination (other than for impeachment of an adverse witness).

Exhibit list must include outstanding objections if not stipulated.

Source text: If the parties have not stipulated to the admission of the exhibits that will be used for those witnesses, the exhibit list must include the outstanding objections.

Counsel must place clearly marked exhibit copies on witness stand before each witness.

Source text: Immediately before each new witness takes the stand, counsel calling the witness, or conducting cross-examination, shall place on the witness stand a clearly marked copy of each exhibit that counsel expects to reference during direct examination or cross-examination respectively.

Objections must be brief and standing; no speaking objections allowed.

Source text: Counsel shall stand when making objections and briefly state the basis of the objection. Counsel shall not make speaking objections. Counsel shall not expand on the basis for the objection, or respond to the objection of another party, unless requested by the Court.

Parties must retain exhibits throughout appellate process and arrange record filing.

Source text: At the conclusion of the trial, each party must retain its exhibits throughout the appellate process. It is each party’s responsibility to arrange with the Office of the Clerk of Court to file the record on appeal.

Joint Case Management Statements are due 7 days before the conference.

Source text: Joint Case Management Statements are due 7 days before the conference.

Motions to Exclude Expert Testimony must be filed by dispositive motions deadline.

Source text: Motions to Exclude Expert Testimony must be filed by the dispositive motions deadline.

Citations and factual assertions must be completely accurate.

Source text: Citations and factual assertions must be completely accurate. Misrepresentations of law or fact, however subtle, may result in sanctions.

Moving party must file single consolidated reply brief when multiple opposition briefs are filed.

Source text: If multiple parties file separate opposition briefs to a motion, the moving party must file a single consolidated reply brief complying with the default page limits.

Attach redlined document showing changes to amended pleadings.

Source text: Attach as an exhibit to any amended or proposed amended pleading a redlined document showing the changes made to the previously filed pleading.

Object to evidence within briefs, not separate pleadings.

Source text: Object to evidence within briefs. Do not file separate pleadings.

Proposed orders required for administrative motions, ex parte applications, and motions seeking specific relief.

Source text: Proposed Orders. File proposed orders on ECF as PDFs and email Word versions to pcppo@cand.uscourts.gov. Proposed orders are only necessary for administrative motions, ex parte applications, and motions seeking specific relief.

Demonstratives must be sent to opposing counsel and CRD via email 48 hours in advance.

Source text: Send any demonstratives to opposing counsel and Judge Pitts's CRD (via email) 48 hours in advance.

Class action settlement motions must follow specific guidelines and include an appendix.

Source text: Parties submitting motions for preliminary or final approval of class action settlements must follow these guidelines: https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/. Parties should include an appendix with their brief that responds to the specific requirements outlined in the guidelines.

Proposed orders required only for administrative motions, ex parte applications, and motions seeking specific relief or factual findings.

Source text: Proposed orders are not necessary for most substantive motions, such as motions for summary judgment and motions to dismiss. File proposed orders only in connection with administrative motions, ex parte applications, and motions that ask for specific relief (e.g., a motion for a preliminary injunction or an application for a temporary restraining order) or factual findings (e.g., a motion to approve a class settlement or for attorneys’ fees).

Proposed orders for injunctive relief must be filed on ECF (PDF) and emailed (Word) to specific address.

Source text: Proposed orders submitted in connection with motions for injunctive relief should state the specific relief sought. Proposed orders must be both filed on ECF in PDF form and emailed in Word form to pcppo@cand.uscourts.gov. Orders submitted only by email are not deemed filed and may not be seen by the Judge.

Plea agreements must be emailed to Courtroom Deputy by 2:00 p.m. Monday before plea; open pleas require notification by same deadline.

Source text: If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to Judge Pitts’s Courtroom Deputy Nicole Coleman at pcpcrd@cand.uscourts.gov by 2:00 p.m. the Monday before the plea is to be entered. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 p.m. the Monday before the plea is to be entered.

Joint pretrial conference statement required 7 days before pretrial conference, addressing 15 issues, with attached jury instructions, voir dire, exhibits, and stipulations.

Source text: Counsel shall comply with Local Rule 17.1-1(b) and file a joint pretrial conference statement not less than seven days prior to the pretrial conference addressing all fifteen issues identified therein. Counsel shall meet and confer in advance on proposed jury instructions, voir dire questions, exhibits, and stipulations, all of which must be attached to their joint pretrial conference statement. Counsel should be prepared to discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial. Counsel should submit an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately.

Joint jury instructions with table of contents required with pretrial conference statement

Source text: The parties must attach to their pretrial conference statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents.

Special instructions must be complete, accurate, balanced, clear, and non-argumentative

Source text: Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative.

Disputed instructions must be marked 'disputed' with concise argument and authority

Source text: Any instruction on which the parties disagree should be marked as 'disputed' and in the place where the proposing party believes the instruction should be given. Disputed instructions must be followed by concise argument and authority in support of and against the use of the instruction.

Parties must file joint trial availability statement one week before trial setting conference.

Source text: Joint Trial Availability Statement. At least one week before the trial setting conference, the parties shall file a joint statement specifying their joint availability for trial and an estimate of the total number of hours or days needed for trial.

One-paragraph preliminary statement required for jury voir dire.

Source text: Preliminary statement: A one-paragraph joint statement of the case to be read at voir dire.

Up to nine proposed jury questions required for online questionnaire.

Source text: Proposed jury questions: A list of up to nine agreed-upon questions to be asked in the online questionnaire that will be sent to prospective jurors before jury selection.

Agreed-upon voir dire questions requiring yes/no answers.

Source text: Proposed voir dire questions: A list of agreed upon-questions to be posed by the Court after initial voir dire. The parties should formulate these questions such that they require only "yes"/"no" answers enabling jurors to raise their hands in response.

List of all involved individuals required for jury selection.

Source text: List of involved individuals: A list of all people involved in this case (including counsel, parties, and potential witnesses) to be shared during jury selection.

Joint proposed jury instructions following Ninth Circuit Model Instructions.

Source text: Proposed jury instructions: A joint set of proposed jury instructions. Proposed instructions should follow the Ninth Circuit Model Jury Instructions to the extent possible, and any deviations must be indicated.

Proposed verdict form required (joint if possible, separate if not).

Source text: Proposed verdict form: A single agreed upon proposed verdict form if possible, or separate proposed verdict forms if the parties cannot reach agreement.

Single joint filing required for all trial exhibits and expert reports.

Source text: Joint Filing of Trial Exhibits. The parties shall prepare a single set of all trial exhibits, expert reports of testifying experts, and deposition transcripts of testifying witnesses that will be the official record and, if applicable, used on appeal.

Parties must meet and confer in person before submitting trial exhibits.

Source text: Before submitting trial exhibits, the parties shall meet and confer in person to consider exhibit numbers, eliminate duplicates, and minimize confusion, and make a good faith effort to stipulate to admissibility.

Parties must make good faith effort to stipulate to authenticity and foundation.

Source text: At minimum, absent a legitimate objection, the parties shall make every effort to stipulate to authenticity and foundation.

Digital exhibit copies required on USB drives 5 days before trial.

Source text: At least five days prior to the commencement of trial, the parties shall deliver to the Courtroom Deputy two USB drives that each contain one set of exhibits, with each exhibit as a separate file.

Transcripts required for audio/video exhibits on day offered.

Source text: The parties must provide agreed-upon transcripts of any audio or video exhibits used at trial by the day offered.

Joint motion required for special equipment in courthouse.

Source text: If the parties plan to bring special equipment into the courthouse (e.g., printers, monitors, other large objects or unusual technology), the parties must submit a joint administrative motion seeking permission to bring in said special equipment.

Spreadsheet required for deposition objections via email.

Source text: The parties shall also email pcppo@cand.uscourts.gov and pcpchambers@cand.uscourts.gov an editable spreadsheet identifying the deposition page and line number(s) for each objection.

Special equipment requires court order for courthouse entry.

Source text: The Court security officers will not permit entrance of special equipment without a court order.

Emergency relief requires showing reasonable effort to notify opposing party.

Source text: If the party seeking emergency relief does not show that it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief, the relief will not be granted.

Moving party must confer with opposing counsel before noticing motion.

Source text: Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.

Redlined or highlighted version required with amended pleadings.

Source text: If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Attorney at case management conference must have full decision-making authority.

Source text: The attorney appearing at a case management conference need not be lead counsel but must have full authority to make decisions about any issue that may come up during the conference.

Case management statement must include full litigation schedule when motion to dismiss is pending.

Source text: If the Court sets an initial case management conference while a motion to dismiss remains pending, the case management statement shall propose a full litigation schedule, including a proposed last day to amend pleadings.

Discovery cutoff includes all discovery and related hearings.

Source text: The discovery cut-off is the date by which all discovery must be completed, including hearings on discovery motions and any resulting additional discovery ordered at those hearings.

Joint discovery letter limited to specific discovery request/response excerpts.

Source text: No exhibits may be submitted with the letter other than an excerpt of the specific discovery request or response that is the subject of the letter.

Protective order filings must indicate if based on model order.

Source text: When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model protective orders.

Deviations from model protective order must be shown via redline comparison.

Source text: If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.

All exhibits to motions must be separately filed on ECF with sequential numbering.

Source text: All exhibits to motions should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on.

Proposed orders for sealing must identify legal standard and explain compliance.

Source text: In addition to complying with Civil Local Rule 79-5(c)(3), the proposed order must identify the applicable legal standard and contain a brief explanation of how that standard and the requirements under Civil Local Rule 79-5(c)(1) are met.

Complicated sealing motions require filing the Motion to Seal Summary Table.

Source text: If counsel has a complicated sealing motion, counsel shall file the Motion to Seal Summary Table linked on the Standing Orders page of Judge Lin's website.

Exhibits must be cited with declaration, exhibit letter/number, and page/line numbers.

Source text: When citing exhibits (including deposition testimony), briefs should identify the declaration to which the exhibit is attached, the letter or number of the exhibit, and the relevant page and, if available, line number (for example: "Smith Decl., Ex. 1, at 22:1-5").

Joint or separate statements of undisputed facts prohibited for summary judgment motions

Source text: The parties shall not file joint or separate statements of undisputed facts in connection with summary judgment motions.

Expert witnesses must be disclosed and provide written reports under FRCP 26(a)(2)(B)

Source text: All witnesses who will provide expert testimony under Federal Rule of Evidence 702, 703, or 705, whether retained or non-retained, must be disclosed and must provide written reports in compliance with Federal Rule of Civil Procedure 26(a)(2)(B).

Expert reports must number paragraphs and include table of contents

Source text: All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.

Expert reports must list and number opinions at beginning, with executive summary if applicable

Source text: At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Percipient witnesses with expert-level technical expertise must be identified by expert disclosure deadline

Source text: Any percipient witness who may also testify at trial with technical expertise akin to an independent expert shall be identified by name no later than the date of expert disclosures to allow for deposition, if necessary.

Expert disclosure must include all written materials relied upon by the expert

Source text: At the time of disclosure of a written report, the disclosing party must identify all written materials upon which the expert relies in that report and produce those materials if they have not done so previously.

Release language must specify claims based only on identical factual predicate

Source text: Release language should make clear that the class members are releasing claims based only on the identical factual predicate. Each proposed notice should make that clear as well. Hesse v. Sprint Corp., 598 F.3d 581, 590 (9th Cir. 2010).

Notice must specify written objection requirement may be excused for good cause; requires only substantial compliance

Source text: If a proposed notice to class members (or prospective class members) requires a written objection as a prerequisite to appearing in court to object to the settlement, the notice must specify that this requirement may be excused upon a showing of good cause. The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.

Settlement administrator must submit declaration detailing all payments received

Source text: The proposed settlement administrator must submit a declaration that (a) states whether they will receive any payments in connection with their administration of the settlement other than the fee described in the preliminary approval papers, including any payments from third-party vendors, (b) if so, describes those payments, (c) regardless whether they are receiving such payments in this case, states whether they have received such payments in the past in connection with other class action settlements, and (d) if so, describes the nature of those payments in the past and whether their practice has changed in accepting those payments.

Court will construe only first ten terms if more than ten submitted without leave.

Source text: 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.

Securities plaintiffs must file PSLRA chart within 14 days of complaint service.

Source text: Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading.

PSLRA chart must strictly adhere to operative complaint allegations.

Source text: The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation.

Plea agreement must be emailed to chambers 2 court days before plea entry by noon.

Source text: If a plea is being entered pursuant to a plea agreement, counsel for the defendant shall email a copy of the plea agreement to rflcrd@cand.uscourts.gov no later than noon two court days before the plea is to be entered. Normally, that would be Tuesday at noon.

Must indicate relevant authority and use Ninth Circuit Model Jury Instructions with changes highlighted

Source text: The parties should indicate the relevant authority for a proposed instruction. The parties should almost always use the Ninth Circuit Model Jury Instructions and, if a modification is proposed, should clearly identify any changes to the model instructions via highlighting or redline.

Objections to standard jury questionnaire due 21 days before pretrial conference

Source text: No later than 21 days before the pretrial conference, the parties should submit objections to any aspect of the standard questionnaire.

Joint pretrial statement due 14 days before pretrial conference

Source text: No later than 14 days before the pretrial conference, the parties must file a joint pretrial statement that addresses the items listed in Criminal Local Rule 17.1-1(b).

Motions in limine due 14 days before pretrial conference; oppositions due 7 days before

Source text: Any motions in limine must be filed no later than 14 days before the pretrial conference. Oppositions must be filed at least 7 days before the pretrial conference. No reply papers will be considered.

Joint proposed jury instructions due 7 days before pretrial conference

Source text: The parties should file joint proposed jury instructions, and send a copy in Word format to rflpo@cand.uscourts.gov, no later than 7 days before the pretrial conference.

Agreed instructions must be labeled "Stipulated Jury Instruction No. __ Re _____"

Source text: Instructions on which the parties agree must be identified as "Stipulated Jury Instruction No. __ Re _____," with the blanks filled in as appropriate.

Disputed instructions must be labeled "Disputed Instruction No. ____ Re ____________ Offered by _________________"

Source text: If the parties disagree on an instruction, each party's proposed version of the disputed instruction shall be provided and identified as "Disputed Instruction No. ____ Re ____________ Offered by _________________," with the blanks filled in as appropriate.

One-page explanation required for each disputed instruction

Source text: Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party's proposed instruction.

Objection to unconscious bias video must be filed (max 1 page double-spaced)

Source text: If a party objects to prospective jurors' viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection.

Joint proposed case description due 7 days before pretrial conference

Source text: No later than 7 days before the pretrial conference, the parties should jointly file, and send in Word format to rflpo@cand.uscourts.gov, a proposed description of the case.

Joint verdict forms due 7 days before pretrial conference

Source text: No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, either an agreed-upon proposed verdict form or competing proposed verdict forms.

Exhibit lists due 7 days before pretrial conference

Source text: No later than 7 days before the pretrial conference, each party must file, and send in Word format to rflpo@cand.uscourts.gov, a list of exhibits.

Witness lists due 7 days before pretrial conference

Source text: No later than 7 days before the pretrial conference, the parties must file, and send in Word format to rflpo@cand.uscourts.gov, lists of potential witnesses reasonably anticipated to be called at trial.

Involved individual lists due 7 days before pretrial conference

Source text: No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case.

Counsel must consult daily about exhibits in evidence and promptly raise disagreements to Judge.

Source text: Counsel must consult with each other and with the Courtroom Deputy at the end of each trial day about which exhibits are in evidence and any limitations thereon. If there are any disagreements, counsel should promptly bring them to Judge Lin’s attention.

Counsel must announce exhibit numbers when used, even if already admitted.

Source text: Counsel must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.

Counsel must confer with Courtroom Deputy at close of evidence to verify exhibit order.

Source text: At the close of evidence, before closing arguments, counsel must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order.

Jury exhibit notebooks require prior permission from Judge Lin.

Source text: Exhibit notebooks for the jury will not be permitted without prior permission from Judge Lin.

Parties must provide Court Reporter a joint list of names/terms/acronyms 5 days before trial.

Source text: No later than 5 days prior to the start of trial, the parties must provide the Court Reporter a jointly created list of names, places, and any uncommon terms or acronyms that are likely to come up during the trial.

Parties must provide their own computer graphics, poster blow-ups, or models for trial.

Source text: During trial, counsel may wish to use computer graphics, poster blow-ups, or models. The parties must provide such equipment.

Parties must tape extension cords to carpet for safety.

Source text: The parties shall tape extension cords to the carpet for safety.

Viewing social media profiles that trigger notifications to prospective jurors constitutes prohibited contact.

Source text: Contact includes actions taken by a party, attorney, investigator, etc., that trigger a notification to a prospective juror that their social media profile has been viewed by someone, even if that notification does not specify who viewed the profile, is inadvertent, or is provided automatically by the social media site (e.g., a LinkedIn notification that prospective juror’s profile was viewed by an “anonymous person,” or certain social media sites that automatically provide a list of accounts that have viewed the prospective juror’s posts or content).

No follow/friend requests may be sent to prospective jurors on any social media site.

Source text: No “follow requests,” “friend requests,” or the like may be sent to any prospective juror on any social media site, regardless of whether a profile is public or private.

No in-person surveillance of prospective jurors is permitted.

Source text: No in-person surveillance, no matter how...

Proposed supplemental juror questionnaire and jury instructions due 21 days before pretrial conference

Source text: File proposed supplemental juror questionnaire and proposed jury instructions 21 Days Before Pretrial Conference

Daily transcript or real-time reporting must be arranged 14 days before trial

Source text: Arrange for daily transcript or real-time reporting 14 Days Before Trial

Proposed order for exhibit equipment/technology must be filed 14 days before trial

Source text: File proposed order for bringing exhibit presentation equipment and technology into the building 14 Days Before Trial

Joint list of terms must be provided to court reporter 5 days before trial

Source text: Provide court reporter with joint list of terms 5 Days Before Trial

Jury computer with admitted exhibits must be prepared morning of closing argument

Source text: Prepare jury computer with admitted exhibits and exhibit list Morning of Closing Argument

Proposed supplemental juror questionnaire questions must be filed on docket and emailed to rflpo@cand.uscourts.gov without argument.

Source text: The parties shall file these questions on the docket and submit a Microsoft Word compatible version to rflpo@cand.uscourts.gov. However, no argument may be included in this submission.

Parties must file joint proposed jury instructions in proposed order.

Source text: The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Agreed instructions must be labeled "Stipulated Instruction No. ____ Re ___________".

Source text: Instructions upon which the parties agree shall be identified as "Stipulated Instruction No. ____ Re ___________," with the blanks filled in as appropriate.

Disputed instructions must be labeled "Disputed Instruction No. ____ Re ____________ Offered by _________________".

Source text: If the parties disagree on an instruction, each party's proposed version of the disputed instruction shall be provided and identified as "Disputed Instruction No. ____ Re ____________ Offered by _________________," with the blanks filled in as appropriate.

Disputed instruction language must be labeled "Disputed Instruction No. ____ Re ____________ Offered by _________________".

Source text: If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as "Disputed Instruction No. ____ Re ____________ Offered by _________________," with the blanks filled in as appropriate.

Disputes requiring resolution before opening statements must be raised when filing jury instructions and at pretrial conference.

Source text: If either party believes that a dispute about jury instructions must be resolved before opening statements, it must be raised when the proposed jury instructions are filed and at the pretrial conference.

Joint Pretrial Conference Statement due 14 days before PTC with specific content requirements

Source text: The parties shall file a Joint Pretrial Conference Statement that contains the following:

Motions in limine must follow specific identification format

Source text: Each motion should be clearly identified as “___________'s Motion in Limine No. __ Re: ____________.”

Involved individuals list must be sent to rflpo@cand.uscourts.gov in Word format.

Source text: The parties shall jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case.

Joint or separate proposed verdict forms required.

Source text: The parties shall file either a joint proposed verdict form, or, if they disagree, separate proposed verdict forms.

Joint exhibit list must include 6 specific columns in tabular format.

Source text: The parties shall file a joint exhibit list in tabular form with the following columns: (1) exhibit number; (2) name or brief description of the exhibit; (3) the exhibit’s purpose and sponsoring witness; (4) a brief description of any objections to the admissibility of the exhibit or, alternatively, a statement that the parties have stipulated to the exhibit’s admissibility; (5) a brief response to any objections; and (6) a blank column for the Court’s use.

Exhibits must be uploaded to Box.com 5 days before trial, each as separate sequentially-named file.

Source text: No later than 5 days before trial, the parties shall send exhibits to Judge Lin’s chambers’ Box.com storage. Each exhibit should be uploaded as a separate file, with each file named so that the exhibits appear sequentially when sorted by file name.

Parties must announce exhibit numbers when used, even if already admitted.

Source text: The parties must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.

Agreed-upon transcripts required for audio/video exhibits; failure precludes admission.

Source text: The parties must provide agreed-upon written transcripts of the content of any audio or video exhibit to be used at trial. Failure to provide an agreed-upon transcript by the day an exhibit is offered will preclude the exhibit’s admission.

Exhibit notebooks for jury require prior court permission.

Source text: Exhibit notebooks for the jury will not be permitted without prior permission from the Court.

Exhibits must be filed on docket within 10 days of verdict; parties retain copies through appeal.

Source text: Upon the conclusion of the trial, and unless otherwise ordered by the Court, exhibits offered during trial shall be filed on the docket within ten days of a trial verdict pursuant to Civil L.R. 5-1(g). Each party shall retain a full set of exhibits through the appellate process.

Parties must jointly file deposition designations 7 days before trial and email chart to court.

Source text: Unless otherwise ordered, no later than 7 days before trial begins, the parties shall jointly file all designations of deposition testimony or other discovery it wishes to offer, as well as any counter-designations or objections to the deposition testimony or discovery offered by any other party. In the same filing, the parties shall attach all excerpts of deposition testimony referenced in their designations and/or counter-designations, including the portions to which there are no objections. In addition to being filed, the designations chart must be emailed to the Court (rflpo@cand.uscourts.gov) in Word format, with a blank column in the table added for the Court's ruling.

Provide court reporter with name/term list 5 days before trial.

Source text: No later than five days before the start of trial, the parties must provide the Court Reporter a jointly-created list of names and places as well as any uncommon terms or acronyms that are likely to come up during the trial.

Batson objections must be made by asking to retain juror and approach without stating reason.

Source text: Any objection to another party’s use of a peremptory challenge under Batson v. Kentucky, 476 U.S. 79 (1986), or its progeny, should be made by asking to retain the juror and then asking to approach, without mentioning the reason for the request.

Speaking objections are forbidden; only state legal grounds unless Court requests elaboration.

Source text: Speaking objections are strictly forbidden. In making objections, the parties should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

Hard copies of prior statements/transcripts required for Court and opposing party at sidebar.

Source text: If you wish to question a witness about a prior inconsistent or consistent statement, you must have hard copies of the prior statement for the Court and the opposing party to review at sidebar. If you plan to play an audio or video recording, you must have hard copies of the transcript, if one exists. If you do not, the Court cannot determine whether the statement is inconsistent or consistent, and you will not be allowed to read or play the statement.

Parties must exchange witness and exhibit lists for next two court days at end of each trial day.

Source text: At the close of each trial day, the parties shall exchange a list of witnesses for the next two full court days and the exhibits that will be used during direct examination (other than

Revised proposed findings due 7 days after trial, emailed to court in Word format with record citations.

Source text: The parties will be required to submit revised proposed findings of fact and conclusions of law 7 days after the trial. All factual findings must be supported by citations to all pertinent portions of the record; therefore, arranging for daily transcripts is strongly recommended. If the citation is to witness testimony and a rough or final transcript is not yet available, the citation can simply be to the date of the testimony. Proposed findings shall be brief, written in plain English, and free of pejorative language. In addition to being filed, the proposed findings must be emailed to the Court (rflpo@cand.uscourts.gov) in Word format.

Open plea requires completing Application to Enter Guilty Plea & Order form and providing to government for review before court submission.

Source text: If the defendant is entering an open plea, the defendant and defense counsel shall complete the Application to Enter Guilty Plea & Order form on the Criminal Forms portion of the Court’s website, and present the government with a copy of the completed application for review prior to providing the application to the Court at or before the change of plea hearing.

Both parties must submit proposed orders with joint discovery dispute letters.

Source text: Both sides must submit proposed orders as well.

Proposed protective orders should use model orders, must state if model was used, and submit redline comparison of deviations as exhibit.

Source text: Parties requesting a protective order are encouraged to base any proposed order on the model protective orders on the Northern District’s website. When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model protective orders. If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.

Proposed orders are required for administrative motions, ex parte applications, discovery disputes, and factual finding motions (class settlement, attorney fees).

Source text: The parties should submit proposed orders only in connection with administrative motions, ex parte applications, discovery disputes, and rulings that call upon the court to make factual findings (such as a motion to approve a class settlement or a motion for attorneys’ fees).

Proposed orders for motions to seal must identify the legal standard and explain compliance with Local Rule 79-5(c)(1).

Source text: In addition to complying with Civil Local Rule 79-5(c)(3), the proposed order must identify the applicable legal standard and contain a brief explanation of how that standard and the requirements under Civil Local Rule 79-5(c)(1) are met.

Expert reports must include a table of contents.

Source text: All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents. At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Release language must clarify that class members release only claims based on the identical factual predicate.

Source text: Release language should make clear that the class members are releasing claims based only on the identical factual predicate.

Proposed notices must clarify that class members release only claims based on the identical factual predicate.

Source text: Each proposed notice should make that clear as well.

Preliminary approval motions seeking injunctions must explain why the injunction is necessary.

Source text: If the parties seek an injunction, the motion for preliminary approval must explain why.

Proposed notices requiring written objections for court appearances must state the requirement may be excused with good cause.

Source text: If a proposed notice to class members (or prospective class members) requires a written objection as a prerequisite to appearing in court to object to the settlement, the notice must specify that this requirement may be excused upon a showing of good cause.

Proposed notices must state that only substantial compliance with objection requirements is required.

Source text: The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.

Settlement administrator declarations must disclose AI use and safeguards for accuracy and bias.

Source text: whether artificial intelligence will be used to administer the settlement by the administrator, its subcontractors, or its vendors and, if so, what safeguards will ensure accuracy and lack of bias

Settlement administrator declarations must include all specified compensation, data sharing, AI, fraud prevention, and historical performance details.

Source text: The proposed settlement administrator must submit a declaration in support of the motion for preliminary approval that describes (a) any money or thing of value the administrator will receive in connection with administering the settlement beyond the fee described in the preliminary approval papers, including interest or float on settlement deposits, payments from depository banks, and any revenue-sharing, ownership percentage, or markups on settlement services from payment, claims processing, social media, or other vendors; (b) any amounts that class members or claimants could be charged by the administrator, its vendors, or its subcontractors in connection with the settlement, including interchange fees, dormancy fees, or retention of residual balances; (c) whether data about visitors to the settlement website or other settlement class data will be shared with third parties not involved in administering the settlement, including via trackers or pixels; (d) whether artificial intelligence will be used to administer the settlement by the administrator, its subcontractors, or its vendors and, if so, what safeguards will ensure accuracy and lack of bias; (e) a detailed fraud prevention plan, of which portions may be submitted under seal if necessary and which shall include a discussion of the availability of real-time fraud reporting, assessments to detect if an unusual number of payments are being sent to linked accounts, and measures taken to avoid unnecessary hurdles for valid claimants; and (f) any situations in which the administrator resigned or was terminated or suspended from its settlement administration duties before they were fully completed, and a description of why. To the extent available, the settlement administrator shall also include, for its five most recent class settlements, the total dollars spent on settlement administration (including class notice costs) per valid claim submitted.

Notice plans must address non-English speaking class members and need for translated notices.

Source text: The notice plan should address whether a significant portion of the class does not speak English and if so, whether class notice in other language(s) should be provided.

Preliminary approval motions must discuss appropriateness of email, social media, online forms, and settlement websites for notice.

Source text: The motion must discuss whether notice by email and/or social media, use of online claims and opt-out forms, and a website for the settlement are appropriate, and if not, explain why not.

Email notices must include a plan to update addresses and retry bounced emails.

Source text: Any email notice shall include a plan for updating email addresses and making a second attempt at notice if the emails bounce back.

Social media notice plans must detail how widespread viewing by class members will be achieved.

Source text: Any social media or online publication notice plan shall explain in detail how widespread viewing of the notice by likely class members will be accomplished.

Monetary settlement motions must discuss redistributing unclaimed funds to participating class members.

Source text: In a proposed settlement involving the distribution of money to a class, the motion must discuss whether unclaimed funds should be redistributed to class members who claimed their share, and if not, explain why not.

Settlement motions requiring claims must explain why claims are appropriate instead of automatic checks.

Source text: If the settlement requires class members to file claims, as opposed to simply receiving checks, the motion must address why that is appropriate.

Preliminary approval motions must include class counsel’s conflict disclosures, escrow assessments, and administration suitability conclusions.

Source text: (b) a description of any potential conflict of interest, or potential appearance of conflict of interest, for counsel or their litigation funder(s) in the selection of the administrator, including any financial relationship and any large gifts over $500; (c) class counsel’s assessment of whether settlement funds held in escrow will receive market-rate interest and be held in appropriately risk-free instruments, and the basis for that assessment; and (d) the basis for counsel’s conclusion that the proposed administration arrangements serve the best interests of the settlement class.

Attorneys’ fees motions must be filed at least 35 days before the final approval deadline.

Source text: In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 35 days before the deadline for

Proposed orders granting final approval must list all settlement administration dates, including check mailing dates to class members.

Source text: The proposed order granting final approval should list all dates relating to the administration of the settlement, including the dates for when the checks distributing the settlement fund payments will be mailed to class members.

Final approval motions must include settlement administrator updates on notice issues, claimant confusion, fraud, and social media/online notice metrics if applicable.

Source text: The final approval motion shall include an update from the settlement administrator on any notice problems, repeated issues of confusion among claimants, or fraud issues. If the notice plan included social media or online publication notice, the settlement administrator shall also provide information about the number of impressions, settlement website views, claim forms begun, and claim forms completed.

Attorneys’ fees motions must include detailed fee summaries, task breakdowns, blended hourly rates, and work justifications.

Source text: To permit an accurate lodestar cross-check, the attorneys’ fees motion should be supported with detailed summaries, including a breakdown of fees by task (e.g., prefiling investigation, preparing complaint, motion to dismiss, document review, depositions, mediation, etc.), the blended hourly rate for each task, and a detailed justification for the work done (e.g., nature of unusually complex work with expert, number of depositions or documents reviewed, etc.).

Post-Distribution Accounting must include class member concerns, settlement administration issues, and cost calculations per valid claim.

Source text: In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any fraud or other issues in settlement administration since final approval, and how any concerns or issues were resolved. The Post-Distribution Accounting shall also include the administrator’s calculation of the total dollars spent on settlement administration (including class notice costs) per valid claim submitted.

Proposed orders granting final approval must include fee withholding provision unless approval motion explains burden.

Source text: The proposed order granting final approval should incorporate that provision, unless the parties’ approval motion explains why that provision would be particularly burdensome under the circumstances.

Rule 52 parties must file joint undisputed and separate disputed findings of fact and conclusions of law seven days before hearing.

Source text: No later than seven days before the Rule 52 hearing, the parties must also file joint proposed undisputed findings of fact and conclusions of law, and separately file disputed findings of fact and conclusions of law.

Plaintiff must file a securities allegations chart within 14 days of complaint service, containing specific required content and no new information.

Source text: Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading. The chart should clearly identify which statements or omissions are attributable to which defendants and, for each such defendant, the facts alleged which give rise to a strong inference that the defendant acted with the required state of mind at the relevant time. The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation.

New securities chart filed with amended complaint may not include misstatements not in prior chart without court leave or Rule 15 stipulation.

Source text: If a motion to dismiss is granted with leave to amend, a new chart must be filed with the amended complaint. That new chart may not include alleged misstatements that were not included in the prior chart, absent leave of Court or stipulation by the parties pursuant to Federal Rule of Civil Procedure 15.

Redlined or highlighted version required when filing amended pleadings.

Source text: If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Attorney at case management conference must have full decision-making authority.

Source text: The attorney appearing at a case management conference need not be lead counsel but must have full authority to make decisions about any issue that may come up during the conference.

Judge Lin's discovery cut-off requires all discovery, motions, and productions completed by that date.

Source text: Judge Lin sets discovery cut-off dates that are different than the default set by Civil Local Rule 37-3. The discovery cut-off set by Judge Lin is the date by which all discovery must be completed. This means that all hearings on discovery motions must occur, all orders resolving those motions must be issued, and all productions must be made by the cut-off date. Accordingly, all discovery requests shall be served and all discovery motions filed sufficiently in

Proposed orders are not required for substantive motions but are required for administrative motions, ex parte applications, discovery disputes, and factual findings.

Source text: Proposed orders are not necessary for most substantive motions, such as motions for summary judgment, motions to dismiss, or preliminary injunction motions. The parties should submit proposed orders only in connection with administrative motions, ex parte applications, discovery disputes, and rulings that call upon the court to make factual findings (such as a motion to approve a class settlement or a motion for attorneys' fees).

Proposed orders must be sent in Microsoft Word compatible format to specified email address.

Source text: Proposed orders should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.

Parties must follow FRCP, Local Rules, and General Orders, with non-compliance subject to sanctions.

Source text: 1. Parties and counsel shall follow the Federal Rules of Civil Procedure, Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. Any failure to comply with any of the rules and orders may be deemed sufficient grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions.

Plaintiff/removing defendant must serve standing orders and file certificate of service.

Source text: 2. Plaintiff (or in the case of removed cases, any removing defendant) shall promptly serve copies of this standing order and the Standing Order for All Judges of the Northern District of California upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. Following service, the responsible party shall file a certificate of service with the Clerk of this Court.

Joint case management statement required; no incorporation by reference.

Source text: 12. Unless otherwise ordered, the parties must file a joint case management statement addressing those items required by the Standing Order for all Judges of the Northern District of California. Parties must not incorporate prior case management statements by reference.

Parties must file ADR Stipulation and Proposed Order form at least 7 days before case management conference.

Source text: Consistent with Civil Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct the ADR session. The court form is available at: https://www.cand.uscourts.gov/filelibrary/3389/ADR_Stip_fillable.pdf.

Joint Pretrial Statements are due 4 weeks before Pretrial Conference.

Source text: Joint Pretrial Statements (including objections, motions in limine, and jury instructions) are due four weeks before Pretrial Conference.

Last day to hear dispositive motions is at least 8 weeks before pretrial conference.

Source text: Last Day to Hear Dispositive Motions is at least eight weeks before pretrial conference.

Daubert motions must be filed and heard by dispositive motion deadline.

Source text: Daubert motions must be filed and heard by the dispositive motion hearing deadline.

At least 8 weeks must separate dispositive/Daubert motions deadline from final pretrial conference.

Source text: The parties must allow at least eight weeks between the proposed dispositive and Daubert motions’ hearing deadline and the proposed final pretrial conference.

Parties must file joint 3-page statement with particularized good cause to move scheduled dates.

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.

Attorney at case management conference must have full authority to make decisions.

Source text: The attorney appearing at a case management conference must have full authority to make decisions about any issue that may come up during the conference.

Amended complaints must include red-line document showing changes.

Source text: All amended complaints shall attach as an exhibit a red-line document showing the changes made to the previously filed complaint.

Motions for summary judgment must comply with Civil Local Rule 7.

Source text: Motions for summary judgment must comply with Civil Local Rule 7 in all respects.

Proposed orders must be submitted in Word format by email to TLTPO@cand.courts.gov on the same day as e-filing.

Source text: Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.courts.gov on the same day the proposed order is e-filed.

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

Source text: Parties and counsel shall follow the Federal Rules of Civil Procedure, the Patent Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders.

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

Source text: The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed. For any term in dispute, the parties must agree on the identity of the term. With regards to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side. A model claim construction statement is attached to this Order.

Patents in dispute must be cited or attached; prosecution history must be available upon request.

Source text: In the joint claim construction statement, parties must either cite to the docket where copies of all patents in dispute can be found or attach copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.

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

Source text: The Court will generally construe no more than 10 terms. If multiple terms present identical issues, they may be grouped together or a representative term may be chosen, and each group or representative term may be considered a single term for purposes of the ten-term limit. If more than ten terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms that are to be construed by the Court and shall jointly propose the ten terms requiring construction.

Pre-recorded tutorial (max 45 min per side) must be submitted 30 days before hearing via portable media; nonargumentative.

Source text: At least 30 days before the claim construction hearing, the parties shall, separately or jointly, submit a pre-recorded tutorial of no more than 45 minutes per side that presents a short summary and explanation of the technology at issue (see Patent Local Rule 4-5(a)), via portable media (e.g., flash drive or DVD). Nonargumentative demonstrations and visual aids are encouraged, and the Court generally prefers that someone other than counsel make the presentation. No argument will be permitted.

Demonstrative exhibits must be provided 2 days before claim construction hearing.

Source text: All demonstrative exhibits, PowerPoints, and visual aids must be provided to the Court at least 2 days before the hearing.

Joint case management status report required after claim construction ruling.

Source text: Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report.

Joint status report must address 7 specific topics after claim construction.

Source text: In that report, the parties must address the following topics: a. whether either party wishes the Court to certify the claim construction ruling for immediate appeal to the Federal Circuit; b. the filing of dispositive motions, and the timing of those motions; c. if willful infringement has been asserted, whether the allegedly-infringing party wishes to rely on the advice of counsel defense—if so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d. anticipated post-claim construction discovery; e. proposed deadlines and court dates for the remainder of the case schedule; f. any other pretrial matters; and g. the progress of settlement discussions, if any.

Parties must include specific content in motion briefs for patent Section 101 hearings.

Source text: To assist the Court in preparing for oral arguments on a motion to dismiss or motion for judgement on the pleadings in a patent case in which a party seeks a ruling that one or more claims of the patent(s)-in-suit is ineligible due to subject matter, each party should include the following in its motion brief:

In-person required for sentencing, change of plea, and evidentiary hearings; Zoom only with good cause and stipulation filed 2 days prior.

Source text: Sentencing, change of plea, and any evidentiary hearings shall be in person. Zoom appearances will only be permitted for good cause on a case-by-case bases. If a Zoom appearance is requested, the lawyers and defendant must file a stipulation two days before the scheduled hearing.

Plea agreement must be delivered to Clerk's Office by 2:00 p.m. Friday before plea; open plea requires defendant counsel notification by same deadline.

Source text: If a plea is being entered pursuant to a plea agreement, counsel for the government shall deliver a copy of the plea agreement to the Clerk’s Office in San Francisco by 2:00 p.m. the Friday before the plea is to be entered and email a courtesy copy to TLTCRD@cand.uscourts.gov. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 p.m. the Friday before the open plea is to be entered.

Responsible party must file a certificate of service after serving the standing order.

Source text: Following service, the responsible party shall file a certificate of service with the Clerk of this Court.

Stipulation and Proposed Order form must identify selected ADR process and proposed ADR deadline.

Source text: Consistent with Civil Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct the ADR session.

Discovery dispute letters must be joint, state dispute nature/status, and be filed after good faith resolution efforts.

Source text: If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than five pages stating the nature and status of their dispute.

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

Source text: The parties shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Extension requests must include a proposed order and chart of current/proposed deadlines.

Source text: When the parties request an extension of time, the parties must submit a proposed order listing all future deadlines and the proposed extensions. The parties must also submit, alongside any stipulation or administrative motion to change deadlines, a chart that includes the currently scheduled deadlines and the parties’ proposed deadlines.

CMC statements must include full litigation schedule with proposed amendment deadline.

Source text: In their case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a proposed last day to amend pleadings, regardless of whether they have received a ruling on any motion to dismiss.

Discovery disputes require joint letter (max 5 pages) with proposed orders, no exhibits except disputed requests/responses.

Source text: Discovery disputes should be brought to the Court's attention as early as possible. If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute. Both sides must submit proposed orders as well. No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the dispute.

Proposed orders must be in Microsoft Word format and emailed to vcpo@cand.uscourts.gov.

Source text: All proposed orders should be sent in Microsoft Word format to vcpo@cand.uscourts.gov.

Final briefs must be filed at least 14 days before motion hearing.

Source text: The final brief for any motion should be filed at least 14 days prior to the hearing on the motion.

Exhibits during evidentiary hearings must follow Court’s Standing Order for Civil Trials.

Source text: When using exhibits during evidentiary hearings, the parties must prepare and present exhibits in accordance with the Court’s Standing Order for Civil Trials.

Class certification motions must include "Manageability of the Class Action Trial" section.

Source text: In any motion for class certification, plaintiffs’ counsel must include a section called “Manageability of the Class Action Trial” in which they explain precisely how the Court should handle any potentially individualized issues to ensure that they don’t render the trial unmanageable.

Proposed verdict form required for class certification motions with subclasses.

Source text: In cases that involve subclasses, plaintiffs’ counsel must file a proposed verdict form in connection with the motion for class certification.

Notices must be in plain English or motion will be rejected.

Source text: If the proposed notices are not carefully written and in plain English, the Court will reject the motion for preliminary approval. Unnecessary acronyms should be avoided.

Written objection requirement must allow good cause exceptions.

Source text: If a proposed notice to class members (or prospective class members) requires a written objection as a prerequisite to appearing in court to object to the settlement, the notice must specify that this requirement may be excused upon a showing of good cause.

Attorneys' fees motion must be filed 14 days before objection deadline.

Source text: In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 14 days before the deadline for objecting to the settlement.

Final approval order must list all settlement administration dates.

Source text: The proposed order granting final approval should list all dates relating to the administration of the settlement, including the dates for when the checks distributing the settlement fund payments will be mailed to class members.

Motion must address whether claims filing is required vs automatic checks.

Source text: The parties should consider whether theirs is the type of settlement that requires class members to file claims, as opposed to simply receiving checks. The motion for preliminary approval should address this issue.

FLSA defendants must produce contact info at Rule 26(f) conference; continuances rarely granted.

Source text: Absent extraordinary circumstances, the contact information for potential collective members in FLSA cases must be produced by the defendant at the Rule 26(f) conference. The court will almost never grant requests to continue the initial case management conference in FLSA cases—even if there is a pending motion to dismiss—unless the parties have reached a tolling agreement.

Rule 23 wage and hour class actions require early production of class member contact info.

Source text: Likewise, in a Rule 23 wage and hour class action brought under California law, absent extraordinary circumstances, the contact information for potential class members must be produced early in the case. At the initial case management conference, the parties should expect to set an early deadline for the production of this information. Typically, the only circumstance in which this production may be delayed is when the schedule calls for cross-motions for summary judgment regarding liability as to the named plaintiffs to be adjudicated prior to class certification, as discussed in the “Class Actions” section of this standing order.

Plea agreement must be emailed to Bhavna Sharma by noon the business day before plea entry.

Source text: If a plea is being entered pursuant to a plea agreement, counsel for the defendant shall email a copy of the plea agreement to Bhavna Sharma at vccrd@cand.uscourts.gov no later than noon the business day before the plea is to be entered.

Each party must file exhibit list in Word format 7 days before pretrial conference.

Source text: No later than 7 days before the pretrial conference, each party must file, and send in Word format to vcpo@cand.uscourts.gov, a list of exhibits.

Parties must follow Court's instructions for trial exhibit preparation.

Source text: When using exhibits during evidentiary hearings, the parties must abide by the Court’s instructions regarding preparation of exhibits for trial.

File proposed jury questions 21 days before pretrial conference; max 9 questions plus scheduling conflict question.

Source text: In advance of the trial, the Jury Office will send prospective jurors an online questionnaire. The questionnaire includes standard questions that are asked in every case, as well as a maximum of ten supplemental questions specific to a given case. One of those questions will ask about scheduling conflicts, so the parties can propose as many as nine other questions. At least 21 days before the pretrial conference, the parties shall file the proposed questions on the docket and submit a Word version to vcpo@cand.uscourts.gov. The parties may agree on proposed questions or submit competing lists. However, no argument may be included in this submission. The Court will decide the final set of questions after giving the parties a chance to object.

Parties must file witness lists in Word format 7 days before pretrial conference.

Source text: No later than 7 days before the pretrial conference, the parties must file, and send in Word format to vcpo@cand.uscourts.gov, lists of potential witnesses to be called at trial, other than solely for impeachment or rebuttal.

File objections to standard questionnaire 21 days before pretrial conference.

Source text: Also no later than 21 days before the pretrial conference, the parties should submit objections to any aspect of the standard questionnaire.

Joint pretrial statement due 14 days before pretrial conference.

Source text: No later than 14 days before the pretrial conference, the parties must file a joint pretrial statement that addresses the items listed in Criminal Local Rule 17.1-1(b).

Joint proposed jury instructions due 7 days before pretrial conference; send Word copy to vcpo@cand.uscourts.gov.

Source text: The parties should file joint proposed jury instructions, and send a copy in Word format to vcpo@cand.uscourts.gov, no later than 7 days before the pretrial conference.

Joint proposed case description due 7 days before pretrial conference; send Word copy to vcpo@cand.uscourts.gov.

Source text: No later than 7 days before the pretrial conference, the parties should jointly file, and send in Word format to vcpo@cand.uscourts.gov, a proposed description of the case.

Parties must jointly file proposed verdict forms in Word format 7 days before pretrial conference.

Source text: No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to vcpo@cand.uscourts.gov, either an agreed-upon proposed verdict form or competing proposed verdict forms.

Parties must jointly file involved individual list in Word format 7 days before pretrial conference.

Source text: No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to vcpo@cand.uscourts.gov, a list of people involved in the case.

Each side must deposit trial exhibits (binders and thumb drive) 5 days before trial.

Source text: No later than 5 days before trial, each side shall deposit one binder or set of binders (judge’s copy) and one thumb drive (official copy) with the Courtroom Deputy.

Exhibits must be marked as "Trial Exhibit No. _____" not as "Government's Exhibit" or "Defendant's Exhibit."

Source text: To avoid any party claiming "ownership" of an exhibit, all exhibits shall be marked and referred to as "Trial Exhibit No. _____," not as "Government's Exhibit" or "Defendant's Exhibit."

Exhibit tags: fill in exhibit and case numbers, leave "Date Entered" and "By" blank.

Source text: Counsel should fill in the exhibit and case numbers, but leave the other spaces ("Date Entered" and "By") blank.

Counsel must announce exhibit numbers when used, even if already admitted.

Source text: Counsel must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.

Exhibit notebooks for jury require prior permission from Judge Chhabria.

Source text: Exhibit notebooks for the jury will not be permitted without prior permission from Judge Chhabria.

Court order required for equipment; request from Bhavna Sharma within 10 days.

Source text: The United States Marshal requires a court order to allow equipment into the courthouse. To request such an order, the parties should contact Bhavna Sharma no later than 10 days before trial.

Each party must retain exhibits through appeal and arrange with Clerk to file record on appeal.

Source text: Each party shall retain a full set of exhibits after trial through the appellate process. It is each party's responsibility to make arrangements with the Clerk of the Court to file the record on appeal.

Interpreter requests must be made to Bhavna Sharma at least 30 days before trial.

Source text: If any witness will require an interpreter at trial, counsel shall notify Bhavna Sharma at least 30 days before the commencement of trial.

Parties must provide their own equipment and share when possible.

Source text: The parties must provide such equipment. Counsel should share equipment to the maximum extent possible.

Electronic equipment setup/testing must be arranged with Bhavna Sharma within 10 days.

Source text: For electronic equipment, the parties should arrange with Bhavna Sharma no later than 10 days before trial a date to set up and test the equipment in advance of trial and be prepared to maintain the equipment during trial.

Parties must submit excusal requests 1-2 days before excusal hearing.

Source text: One to two days before the excusal hearing, the

Counsel must notify opposing side of witnesses for next two trial days each evening.

Source text: Each evening, counsel must notify the other side of the witnesses who will be called the following two trial days.

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

Source text: The parties shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Extension requests must include proposed order and chart of current/proposed deadlines.

Source text: When the parties request an extension of time, the parties must submit a proposed order listing all future deadlines and the proposed extensions. The parties must also submit, alongside any stipulation or administrative motion to change deadlines, a chart that includes the currently scheduled deadlines and the parties' proposed deadlines.

Proposed orders not needed for most substantive motions; required for administrative motions, ex parte applications, discovery disputes, and factual findings.

Source text: Proposed orders are not necessary for most substantive motions, such as motions for summary judgment, motions to dismiss, or preliminary injunction motions. The parties should submit proposed orders only in connection with administrative motions, ex parte applications, discovery disputes, and rulings that call upon the court to make factual findings (such as a motion to approve a class settlement or a motion for attorneys’ fees). All proposed orders should be sent in Microsoft Word format to vcpo@cand.uscourts.gov.

Final briefs must be filed at least 14 days before the hearing.

Source text: The final brief for any motion should be filed at least 14 days prior to the hearing on the motion.

Class certification motions must include “Manageability of the Class Action Trial” section.

Source text: In any motion for class certification, plaintiffs’ counsel must include a section called “Manageability of the Class Action Trial” in which they explain precisely how the Court should handle any potentially individualized issues to ensure that they don’t render the trial unmanageable.

Proposed verdict form required for class certification motions with individualized issues.

Source text: In cases that involve individualized issues, plaintiffs’ counsel must file a proposed verdict form in connection with the motion for class certification.

Daily transcript or real-time reporting must be arranged

Source text: Arrangement of daily transcript or real-time reporting

Proposed order required for exhibit presentation equipment

Source text: Filing of proposed order for bringing exhibit presentation equipment and technology into the building

Joint filing required for deposition testimony designations

Source text: Joint filing of all designations of deposition testimony

Original trial exhibits and thumb drive must be delivered

Source text: Deliver original trial exhibit set and thumb drive of exhibits

Supplemental juror questionnaire questions must be filed on docket and emailed as Word doc

Source text: The parties shall file these questions on the docket and submit a Word version to vcpo@cand.uscourts.gov.

Joint proposed jury instructions must be filed in proposed order

Source text: The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Modifications to form instructions must be plainly identified

Source text: Any modifications to a form instruction must be plainly identified.

Disputed instructions must be identified with specific format

Source text: If the parties disagree on an instruction, each party's proposed version of the disputed instruction shall be provided and identified as 'Disputed Instruction No. ____ Re ____________ Offered by _________________,' with the blanks filled in as appropriate.

One-page explanation required for each disputed instruction

Source text: Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party's proposed instruction.

Disputed instruction language must be provided with specific format

Source text: If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as 'Disputed Instruction No. ____ Re ____________ Offered by _________________,' with the blanks filled in as appropriate.

One-page explanation required for disputed instruction inclusion

Source text: Following the disputed instruction, each party shall explain, in no more than one page, why the instruction should or should not be given.

Disputes requiring resolution before opening must be raised when filing instructions and at pretrial conference

Source text: If either party believes that a dispute about jury instructions must be resolved before opening statements, it must be raised when the proposed jury instructions are filed and at the pretrial conference.

Joint Pretrial Conference Statement must include claims/defenses and relief sought

Source text: The parties shall file a Joint Pretrial Conference Statement that contains the following: a. a brief description of all claims and defenses that remain to be decided (including whether any issues are for the Court to decide rather than the jury); b. a statement of all relief sought;

Specific pretrial documents must be emailed in Word format to vcpo@cand.uscourts.gov when filed.

Source text: In addition, the proposed supplemental jury questions, Joint Pretrial Conference Statement, jury instructions, involved individuals list, and verdict form(s) shall be submitted in Word format via e-mail to vcpo@cand.uscourts.gov when they are filed.

Trial exhibits must be deposited 5 days before trial: one binder set for judge and one thumb drive for official copy.

Source text: No later than 5 days before trial, the parties shall deposit one binder or set of binders (judge’s copy) and one thumb drive (official copy) with the Courtroom Deputy.

Audio/video exhibits require agreed-upon transcripts; failure to provide precludes admission.

Source text: The parties must provide agreed-upon written transcripts of the content of any audio or video exhibit to be used at trial. Failure to provide an agreed-upon transcript by the day an exhibit is offered will preclude the exhibit’s admission.

Parties must jointly file deposition/designation designations and objections 7 days before trial unless otherwise ordered.

Source text: Unless otherwise ordered, no later than 7 days before trial begins, the parties shall jointly file all designations of deposition testimony or other discovery it wishes to offer, as well as any counter-designations or objections to the deposition testimony or discovery offered by any other party.

Parties must provide jointly-created list of names/places/terms to Court Reporter 5 days before trial.

Source text: No later than five days before the start of trial, the parties must provide the Court Reporter a jointly-created list of names and places as well as any uncommon terms or acronyms that are likely to come up during the trial.

Proposed findings of fact and conclusions of law required for bench trials.

Source text: In non-jury cases, all pretrial filings are due 7 days before the pretrial conference. They must include trial briefs not to exceed 10 pages each, and proposed findings of fact and conclusions of law.

Proposed findings must be brief, in plain English, and free of pejorative language.

Source text: Proposed findings shall be brief, written in plain English, and free of pejorative language.

Proposed findings must be emailed to vcpo@cand.uscourts.gov in Word format.

Source text: In addition to being filed, the proposed findings must be emailed to the Court (vcpo@cand.uscourts.gov) in Word format.

Parties must submit thumb drive of admitted exhibits to chambers within 7 days of admissibility ruling.

Source text: Within 7 days of the Court ruling on the admissibility of exhibits used at trial, the parties will be required to submit a thumb drive of all exhibits admitted into evidence to chambers, attention Bhavna Sharma, Judge Chhabria's Courtroom Deputy.

Joint case management statements must be filed 7 days before initial and all subsequent case management conferences.

Source text: Joint case management statements are required and must be filed seven days in advance of the initial case management conference date. Updated joint case management statements are required and must be filed seven days in advance of all other case management conferences.

Each motion must include a proposed order with relief sought, rationale, and citations; courtesy copy emailed to ygrpo@cand.uscourts.gov.

Source text: Each party filing or opposing any motion shall also serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of the decision, including citation of authority that the party requests the Court to adopt, and citations to the record evidence where applicable. The proposed order should be submitted at the same time as the motion or opposition, with a courtesy copy emailed to ygrpo@cand.uscourts.gov.

Discovery relief requests must be in one joint letter brief (max 4 pages, 2 per side) with meet-and-confer attestation.

Source text: All other requests for discovery relief must be summarized by the parties in one joint letter brief no longer than four pages (two pages per side). In the joint letter brief, counsel must attest that, prior to filing the request for relief, counsel met and conferred in person or by videoconference, and then concisely summarize all remaining issues that counsel were unable to resolve.

Stipulated protective orders must include language about following Court's Standing Order for designation disputes requiring judicial intervention.

Source text: Parties submitting proposed forms of stipulated protective order shall include the following language with respect to resolution of designation disputes: [6.3 Judicial Intervention.] If the Parties cannot resolve a challenge without court intervention, the parties shall follow the Court's Standing Order in Civil Cases regarding Discovery and Discovery Motions.

Separate statement required for summary judgment motions, except for pro se plaintiffs.

Source text: Any party moving for summary judgment or opposing summary judgment is required to submit a separate statement as set forth herein. Pro se plaintiffs, however, are not required to submit a separate statement.

Pro se employment actions must certify compliance with General Order 71 in summary judgment motion.

Source text: A party bringing a motion for summary judgment in a pro se employment action must certify compliance with General Order 71 within the motion for summary judgment.

Proposed order required for undisputed sealing requests in chart format.

Source text: Proposed Order On Undisputed Sealing Requests: Parties shall file and email to the Court's proposed order inbox, a proposed order addressing all undisputed sealing requests. This shall be in chart form with a column identifying the document(s), a column describing the action to be taken (seal, portions to redact, unseal), and a column for the Court's order.

Omnibus proposed order required for sealing disputes in chart format.

Source text: Proposed Order: Parties shall file an omnibus proposed order addressing all disputes. The order shall include a chart identifying all documents and portions of documents by consistent identifier (e.g., Bates number) and docket location and a column for the Court's order on each document and portions of documents.

Redline comparison required for amended complaints and motions to amend.

Source text: In connection with all amended complaints and motions seeking leave to amend pleadings, parties shall submit a redline comparison with the operative pleading to ygrpo@cand.uscourts.gov upon filing of the amended complaint or motion seeking leave to amend. This requirement does not apply to self-represented parties.

Securities cases require chart summarizing PSLRA allegations within 14 days.

Source text: Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading.

Plaintiff/removing defendant must serve copies of Standing Order and CAND CMC Order to all parties and file certificate of service.

Source text: Plaintiff (or in the case of removed actions, any removing defendant) is directed to serve copies of this Standing Order in Civil Cases and the CAND CMC Order at once upon all parties to their action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure, Rules 4 and 5, and to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-6(a).

Settlement notices must be signed by all parties and comply with Civil Local Rule 5-1(i) for electronic filing.

Source text: Any notice of settlement sent to the Court must be signed by all parties to the settlement. Electronically filed notices shall be signed pursuant to Civil Local Rule 5-1(i), including, if applicable, a filer's attestation as provided by Civil Local Rule 5-1(i)(3).

Class action settlement approval motions must follow NDCA Procedural Guidance.

Source text: A motion for Court approval of a class action settlement must provide the information described in the Northern District of California's Procedural Guidance for Class Action Settlements.

Exhibits must be exchanged and provided to Court 24 hours before hearing

Source text: Demonstrative exhibits and visual aids are permissible at the hearing so long as they are based on information contained in the papers already filed. Counsel shall exchange copies of exhibits, as well as provide copies to the Court, no later than twenty-four hours prior to the hearing, and shall bring printed copies to the hearing.

Joint jury instructions must be submitted 7 days before pretrial conference with table of contents.

Source text: Counsel shall jointly submit one set of additional proposed jury instructions, ordered in a logical sequence, together with a table of contents, using the Ninth Circuit Manual where possible, or Devitt and Blackmar or CALJIC, not less than seven (7) days prior to the pretrial conference.

Disputed jury instructions must be marked and include arguments/authority.

Source text: Any instructions on which counsel cannot agree shall be marked as "disputed," and shall be included within the jointly submitted instructions and accompanying table of contents, in the place where the party proposing the instruction believes it should be given. Argument and authority for and against each disputed instruction shall be included as part of the joint submission, on separate sheets directly following the disputed instruction.

Opening statement visuals must be exchanged by Wednesday before trial, objections filed Thursday, phone conference Friday.

Source text: Parties must meet and confer to exchange any visuals, graphics or exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no later than the close of business on the Wednesday before trial. Any objections not resolved must be filed in writing by the Thursday before trial. The parties shall be available by telephone on the Friday before trial to discuss the issues raised with the Court.

Proposed orders must be submitted in Word format to askpo@cand.uscourts.gov, except for Civil L.R. 7-2 motions (except injunctive relief).

Source text: Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.

Amended pleadings must include a redline comparison to the previous version.

Source text: If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.

Proposed orders must be submitted in Word format to specific email, except for most motions under Civil L.R. 7-2.

Source text: Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.

Amended pleadings must include a redline comparison to the previous version.

Source text: If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.

Stipulated protective orders require confirmation of no changes or redline with explanation.

Source text: When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn't differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order, along with an explanation of any changes.

Parties must arrive 10 minutes early to state appearances to Courtroom Deputy.

Source text: Litigants and lawyers shall arrive at least ten minutes before their in-person or virtual hearing or conference to state their appearances to Judge Krishnan's Courtroom Deputy, Kim Means.

Proposed orders must be submitted in Microsoft Word format to askpo@cand.uscourts.gov; not required for Civil L.R. 7-2 motions except those seeking injunctive relief.

Source text: Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.

Amended pleadings must include a redline attachment comparing against the previous version.

Source text: If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.

Parties must file a certificate of service with the Clerk after serving the Standing Order.

Source text: file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.

Joint statement for discovery disputes must include all unresolved issues and each party's final proposed compromise.

Source text: they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue.

Proposed orders must be emailed as Word documents to agtpo@cand.uscourts.gov on the same day as e-filing.

Source text: Any stipulation or proposed order in a case subject to e-filing should, in addition to being e-filed, be submitted by email to agtpo@cand.uscourts.gov as a Word document on the same day the document is e-filed. This email address should be used only for this stated purpose unless otherwise directed by the Court.

Joint case management statement required 7 days before conference

Source text: Prior to an initial or further case management conference, counsel must meet and confer and then, no later than seven days before the conference, file a joint statement, or file separate statements if permitted by Civil Local Rule 16-9.

Redlined version required with amended pleadings

Source text: Any party who files an amended pleading must concurrently file a redlined version comparing the amended pleading to the prior operative pleading.

Exhibits must be filed separately on ECF with sequential numbering

Source text: When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.

Parties must preserve relevant evidence and suspend document destruction

Source text: Parties must take the steps needed to preserve information relevant to the issues in the litigation, including suspending document-destruction programs that, if not suspended, could result in evidence spoliation.

Joint statements must include disputed discovery requests, responses, and definitions

Source text: Relevant declarations and exhibits may be attached to the joint statement. If specific discovery requests, i.e., interrogatories, requests for production of documents, requests for admission, are in dispute, the parties must attach the following to their joint statement: a copy of the disputed requests, a copy of the disputed responses, and a copy of the definitions of any defined terms used in the disputed requests.

Discovery joint statements must be e-filed under specific ECF category

Source text: Joint statements must be e-filed (unless the case is exempt from e-filing requirements) under the Civil Events category of "Motions and Related Filings > Motions – General > Discovery Letter Brief."

Use model protective orders when practicable for protective order requests

Source text: If parties believe a protective order is necessary, they must when practicable use one of the model protective orders, available at www.cand.uscourts.gov/forms/model-protective-orders.

Stipulated protective orders require confirmation or redline vs model order

Source text: When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn't differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order, along with an explanation of any changes.

Privilege logs must be promptly provided and sufficiently detailed.

Source text: Privilege logs must be promptly provided and sufficiently detailed and informative to justify the privilege. See Fed. R. Civ. P. 26(b)(5).

Privilege logs must include specific document information and privilege basis.

Source text: Privilege logs must contain the following: • the title and description of the document, including the number of pages or Bates- number range; • the subject matter addressed in the document; • the identity and position of its author; • the identity and position of all addressees and recipients; • the date the document was prepared and, if different, the date on which it was sent to or shared with persons other than its author; and • the basis for the claim that the document is privileged or protected.

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.

Counsel must consult with opposing counsel to schedule depositions.

Source text: Counsel must consult in advance with opposing counsel to schedule depositions at a mutually convenient time and location.

Speaking objections are prohibited during depositions.

Source text: Speaking objections are prohibited.

Witness must answer questions about privilege existence/extent/waiver unless privileged.

Source text: When privilege is claimed, the witness must answer questions relevant to the existence, extent, or waiver of the privilege unless such information is itself privileged.

When filing a dispositive motion, the moving party must file its consent or declination at the same time.

Source text: If a party files a dispositive motion (such as a motion to dismiss or a motion to remand), the moving party must file the consent or declination simultaneously with the motion.

Consent or declination filings must meet the Civil Local Rule 73-1 deadline.

Source text: In no event shall the consent or declination be filed later than the deadlines specified in Civil Local Rule 73-1.

Stipulations and proposed orders in e-filed cases should also be emailed to chambers the same day they are e-filed.

Source text: Any stipulation or proposed order in a case subject to e-filing should, in addition to being e-filed, be submitted by email to agtpo@cand.uscourts.gov as a Word document on the same day the document is e-filed.

Before initial or further case management conferences, counsel must meet and confer and file a joint (or permitted separate) statement at least seven days in advance.

Source text: Prior to an initial or further case management conference, counsel must meet and confer and then, no later than seven days before the conference, file a joint statement, or file separate statements if permitted by Civil Local Rule 16-9.

A party filing an amended pleading must concurrently file a redline against the prior operative pleading.

Source text: Any party who files an amended pleading must concurrently file a redlined version comparing the amended pleading to the prior operative pleading.

Discovery joint statements must include meet-and-confer attestation, each party’s position with factual and legal support, and each party’s final compromise proposal.

Source text: 1. an attestation that counsel for the parties met and conferred in person or by videoconference in good faith to resolve their dispute before filing the joint statement; 2. each party’s position, including pertinent factual background, requested relief, and citations to relevant legal authority; and 3. each party’s final proposed compromise.

When specific discovery requests are disputed, the joint statement must attach the disputed requests, disputed responses, and definitions of defined terms.

Source text: If specific discovery requests, i.e., interrogatories, requests for production of documents, requests for admission, are in dispute, the parties must attach the following to their joint statement: a copy of the disputed requests, a copy of the disputed responses, and a copy of the definitions of any defined terms used in the disputed requests.

Discovery joint statements must be e-filed under the specified Civil Events ECF category, unless exempt from e-filing.

Source text: Joint statements must be e-filed (unless the case is exempt from e-filing requirements) under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”

When practicable, parties seeking a protective order must use one of the court’s model protective orders.

Source text: If parties believe a protective order is necessary, they must when practicable use one of the model protective orders, available at www.cand.uscourts.gov/forms/model-protective- orders.

A stipulated protective order submission must include either a no-differences statement or a redline plus explanation of changes versus the model order.

Source text: When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn’t differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order, along with an explanation of any changes.

Privilege logs must be provided promptly and include enough detail to justify privilege claims.

Source text: Privilege logs must be promptly provided and sufficiently detailed and informative to justify the privilege. See Fed. R. Civ. P. 26(b)(5).

Privilege logs must include specified identifying, distribution, date, subject, and privilege-basis details.

Source text: Privilege logs must contain the following: • the title and description of the document, including the number of pages or Bates- number range; • the subject matter addressed in the document; • the identity and position of its author; • the identity and position of all addressees and recipients; • the date the document was prepared and, if different, the date on which it was sent to or shared with persons other than its author; and • the basis for the claim that the document is privileged or protected.

Settlement conference statements must be emailed as PDF to specific address at least 7 days before conference.

Source text: Each party shall prepare a settlement conference statement, which must be emailed to the Court in .pdf format, at agtsettlement@cand.uscourts.gov, no later than seven days prior to the conference. Paper copies should not be provided.

Settlement conference statements must be served on opposing counsel; confidential statements may be sent directly to court.

Source text: Settlement conference statements must be served on opposing counsel. Any party may email an additional confidential statement to the Court, the contents of which will not be disclosed to the other parties.

Defendants must notify court in confidential statement if unable to offer monetary compensation at least 7 days before conference.

Source text: If a defendant plans to assert that it lacks resources and is unable to offer monetary compensation or that it otherwise does not intend to offer monetary compensation as part of a settlement, it must notify the Court of this in a confidential statement no later than seven days prior to the conference.

Settlement conference statements must include specific content: facts, claims, evaluation, proceedings summary, relief sought, settlement position, and history.

Source text: The settlement conference statement shall include at least the following:  a brief statement of the facts of the case;  a brief statement of the claims and defenses;  a candid evaluation of the party’s likelihood of prevailing;  a summary of the proceedings to date and any pending motions;  the relief sought;  any discrete issue that, if resolved, would facilitate resolution of the case; and  the party’s position on settlement, including present demands and offers and a history of past settlement discussions.

Consent/Declination form must be filed within 2 weeks of receipt in cases assigned to Judge Spero

Source text: In cases that are randomly assigned to Judge Spero for all purposes, a Consent or Declination to Magistrate Judge Jurisdiction form will be mailed to all parties. The parties are requested, within two weeks from receipt of the form, to complete and file the form indicating their consent or request for reassignment to a District Judge.

Parties must immediately preserve all evidence including electronic records upon notice of this order

Source text: As soon as a party has notice of this order, the party shall take such affirmative steps as are necessary to preserve evidence related to the issues presented by the action, including, without limitation, interdiction of any document destruction programs and any ongoing erasures of emails, voice mails, and other electronically recorded material to the extent necessary to preserve information relevant to the issues presented by this action.

Consent/declination to magistrate judge assignment required promptly, no later than L.R. 73-1(a) deadlines.

Source text: In civil cases randomly assigned to Judge Westmore for all purposes, the parties should file their written consent to the assignment of a United States Magistrate Judge for all purposes or their written declination of consent as soon as possible, and in no event later than the deadlines specified in Civil L.R. 73-1(a).

Motions to amend pleading require redline comparison attachment showing changes.

Source text: (e) If a party files a motion for leave to amend a pleading, it must file as an attachment a redline comparison of the proposed amended pleading against the last pleading.

Proposed orders and approved stipulations must be emailed in Word format to kawpo@cand.uscourts.gov on filing day.

Source text: Proposed orders filed by an e-filing party shall be submitted in Word format (.doc or .docx) via e-mail to kawpo@cand.uscourts.gov on the same day the document is e-filed. This requirement also applies to stipulations that require court approval, which must include a proposed order on the face of the stipulation. This e-mail address should only be used for this stated purpose unless otherwise directed by the Court.

Joint letter must be e-filed under specific Civil Events category, not under "Letter" event.

Source text: The joint letter must be e-filed under the Civil Events category of "Motions and Related Filings>Motions--General>Discovery Letter Brief." Do not file under the "Letter" event, because the filing will not be designated as an open motion that requires court resolution.

Failure to file opposition memo constitutes consent to granting motion.

Source text: The failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.

Settlement Conference Statement and Confidential Letter must be lodged via mail/hand delivery 14 days before conference.

Source text: Each party shall prepare a Settlement Conference Statement and may prepare an optional, Confidential Settlement Letter, which must be LODGED via mail or hand delivery with the undersigned’s chambers (NOT electronically filed), and must be received no later than 14 calendar days prior to the conference.

Settlement Conference Statement and Confidential Letter must be emailed in PDF format.

Source text: Each party shall also email their Settlement Conference Statement and Confidential Settlement Letter, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.

Failure to lodge Settlement Conference Statement may result in conference being vacated.

Source text: Failure to timely lodge a settlement conference statement may result in your settlement conference being vacated.

Current demand and response required before settlement conference.

Source text: There must be a current demand and response made before the settlement conference, and those must be included in the settlement conference statements.

Updated settlement statements due 14 days before further conferences.

Source text: Unless explicitly relieved of this requirement, the parties shall lodge updated settlement conferences statements 14 days prior to the further settlement conference to inform the Court of the status of the action and any developments that have occurred since the last settlement conference, including updated settlement positions. The updated statement shall not repeat information previously provided in the original submissions.

Immediate notice of settlement required if case settles before conference.

Source text: If the case settles prior to the settlement conference, the parties shall immediately file a notice of settlement, and notify chambers by e-mailing both KAWcrd@cand.uscourts.gov and KAWsettlement@cand.uscourts.gov that the case has settled.

Settlement Conference Statement and Confidential Letter must be lodged via mail/hand delivery (not ECF) 10 days before conference (14 days if 4+ parties)

Source text: Each party shall prepare a Settlement Conference Statement and may prepare an optional, Confidential Settlement Letter, which must be LODGED via mail or hand delivery with the undersigned's chambers (NOT electronically filed), and must be received no later than 10 calendar days prior to the conference (or 14 days prior if there are four or more separately represented parties).

Settlement Conference Statement must include specific sections on substance of suit and relief sought

Source text: The Settlement Conference Statement shall include the following: a. Substance of the Suit. Describe briefly the substance of the suit, including the following: i. A brief statement of the facts of the case. ii. The claims and defenses, including the statutory or other grounds upon which the claims are founded. iii. A summary of the proceedings to date, including a list of the motions previously made, the dispositions, and any pending motions. iv. A statement of facts not reasonably in dispute. v. A list of the key facts in dispute and the specific evidence relevant to a determination of those facts. vi. Any discrete issue that, if resolved, would facilitate the resolution of the case. vii. A brief statement of issues of law with respect to liability and damages. The statement must include citations to statutes and cases, but extended legal argument is not necessary. b. Relief Sought. A statement of the relief sought, including an itemization of damages and any non-monetary relief sought.

Personal attendance at settlement conference is mandatory, excused only for extraordinary hardship with written authorization

Source text: Personal attendance of a party is mandatory and will rarely be excused by the Court, and then only upon a written request that is timely under the circumstances and that demonstrates extraordinary hardship. Personal attendance may be excused only upon written authorization from the Court.

Exhibits must include deposition citations and relevant transcript pages; video must be streamable without registration.

Source text: The parties are encouraged to provide the Court with deposition testimony, video footage, and other evidence referred to in the statements that are subject to dispute or believed to be dispositive. In the interest of judicial economy, the parties shall provide citations to the deposition testimony in their statements, and attach only the relevant pages of the transcript. Video must be available for streaming on the cloud without registration or download, and the submitting party shall provide time stamps for the portions they wish the Court to view, along with a short explanation of what the video (or video clip) shows.

Updated settlement statements must be lodged 10 days prior to further settlement conferences.

Source text: Unless explicitly relieved of this requirement, the parties shall lodge updated settlement conferences statements 10 days prior to the further settlement conference, in accordance with Sections 6 and 7, to inform the Court of the status of the action and any developments that have occurred since the last settlement conference.

Updated statements and confidential letters must be emailed in .pdf format to KAWsettlement@cand.uscourts.gov.

Source text: In addition to lodging hardcopies, the parties shall email their updated statements and confidential letters, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.

If case settles before conference, file notice of settlement and notify Judge Westmore’s Courtroom Deputy at (510) 637-3525.

Source text: If the case settles prior to the settlement conference, the parties shall immediately file a notice of settlement, and notify Judge Westmore’s Courtroom Deputy at (510) 637-3525 that the case has settled.

Proposed orders in criminal cases must be sent to Courtroom Deputy, not civil proposed orders email.

Source text: Proposed orders shall be sent to Judge Westmore’s Courtroom Deputy at kawcrd@cand.uscourts.gov. Counsel shall not send proposed orders in criminal matters to the proposed orders e-mail address, which is reserved for civil matters.

Lead counsel must discuss settlement conference logistics with clients and opposing counsel before scheduling conference

Source text: Before the scheduling conference, lead counsel must discuss with their clients and each other: • The optimal time for a settlement conference; • Their mutually available dates; • The availability of insurance; • Individuals with settlement authority and their attendance; • Information to be exchanged before the settlement conference; • The time needed to evaluate demands and responses; and • Any other relevant issues.

Lead trial counsel, all parties, and individuals with full settlement authority must attend settlement conference

Source text: Lead trial counsel, all parties, and individuals with full authority to negotiate and settle the case must attend the settlement conference.

Corporations must send knowledgeable person with final settlement authority or designate representative to recommend to approving body

Source text: A party that is not a natural person (e.g., a corporation or association) satisfies the attendance requirement if represented by a person (other than outside counsel) who is knowledgeable about the case and has final settlement authority. If settlement authority is vested solely in a governing board, claims committee, or equivalent body and cannot be delegated, the party must designate a person with authority to attend and participate in the settlement conference and, if a tentative settlement agreement is reached, to recommend the agreement to the approving body for approval. ADR L.R. Rule 7-3(a).

Government entities must send knowledgeable representative with settlement authority to recommend to approving body; individuals must attend if government acts on their behalf

Source text: A government-entity party satisfies the attendance requirement if represented by a person (in addition to counsel of record) who (1) has, to the greatest extent feasible, authority to settle, (2) is knowledgeable about the case facts, the government entity's position, and the policies governing settlement decisions, and (3) has the authority to recommend a tentative settlement agreement to the government entity for approval. ADR L.R. 7-3(b). If the action is brought by the government on behalf of one or more individuals, at least one such individual must attend. Id.

Settlement statements must include specific required sections about parties, facts, claims, and settlement positions.

Source text: Settlement statements must include: • Attendees and their roles; • Relevant facts, including disputed facts and key evidence; • Relevant court rulings; • Claims and defenses; • Legal issues about liability and damages; • Prior settlement discussions and mediation efforts; • The current demand and response; • Fees and costs incurred to date and projected through trial; • A candid assessment of settlement risks and the parties’ needs; • Obstacles to settlement and proposed solutions; and • Any other information relevant to settlement.

Separate statements of undisputed facts are prohibited; joint statements (if used) must cite admissible evidence.

Source text: The parties may not file separate statements of undisputed facts. See Civil Local Rule 56-2. Joint statements of undisputed facts are not required but are helpful. Any joint statement must include — for each undisputed fact — citations to admissible evidence.

Deposition objections limited to privilege or form only; speaking objections prohibited.

Source text: Deposition objections must be as to privilege or form only. Speaking objections are prohibited.

Witness must answer privilege-related questions unless privileged.

Source text: When a privilege is claimed, the witness should nevertheless answer questions relevant to the existence, extent, or waiver of the privilege, such as the date of a communication, who made the statement, to whom and in whose presence the statement was made, other persons to whom the contents of the statement have been disclosed, and the general subject matter of the statement, unless such information is itself privileged.

Private conferences between deponents and attorneys prohibited except for privilege determination.

Source text: Private conferences between deponents and attorneys in the course of interrogation, including a line of related questions, are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted.

Settlement conference statement due 7 days before conference

Source text: No later than 7 days prior to the settlement conference, counsel for each party shall email a pdf of their settlement conference statement to ljcsettlement@cand.uscourts.gov. Counsel shall serve a copy of the settlement conference statement on all parties.

Confidential settlement letter due 7 days before conference

Source text: No later than 7 days prior to the settlement conference, each counsel shall email a pdf of their confidential settlement letter to ljcsettlement@cand.uscourts.gov. The confidential settlement letter shall not be served upon the other parties.

Lead trial counsel and parties with full settlement authority must attend settlement conference.

Source text: Lead trial counsel must attend the settlement conference with the parties and persons having full authority to negotiate and settle the case.

Corporations must send representative with full settlement authority (up to opposing party's demand/offer).

Source text: A party other than a natural person (e.g., a corporation or association) satisfies the attendance requirement if represented by a person (other than outside counsel) who is knowledgeable about the case and has final authority to settle up to the full amount of the opposing party's existing settlement demand or offer.

If settlement authority cannot be delegated, designate representative to recommend tentative agreements to governing body.

Source text: If authority to settle is vested in a governing board, claims committee, or equivalent body and cannot be delegated, a party must designate a person with authority to participate in the settlement conference and, if a tentative settlement agreement is reached, to recommend the agreement to the appropriate body for approval.

Zoom attendance requests must be made at pre-settlement conference or well in advance.

Source text: Such requests must be made at a pre-settlement conference meeting with the Court, or well in advance of the settlement conference.

Government entities must send representative with settlement authority and knowledge of entity's policies.

Source text: A party that is a government entity satisfies the attendance requirement if represented by a person (in addition to counsel of record) who (a) has, to the greatest extent feasible, authority to settle, (b) is knowledgeable about the facts of the case, the government entity's position, and the positions and policies under which the government entity decides whether to accept proposed settlements, and (c) has the authority, if a tentative settlement agreement is reached, to recommend the agreement to the government entity for approval.

When government sues on behalf of individuals, at least one individual must attend settlement conference.

Source text: If the action is brought by the government on behalf of one or more individuals, at least one such individual also must attend.

Insured parties must bring carrier representative with full authority to negotiate up to coverage limits.

Source text: An insured party must appear with a representative of the carrier who has full authority to negotiate up to the limits of coverage.

Representatives requiring consultation before settlement do not have full authority.

Source text: A person who needs to call another person, not present, before agreeing to any settlement does not have full authority.

Settlement conference statements are confidential and inadmissible at trial if case doesn't settle.

Source text: Statements made during the conference are confidential and will not be admissible at trial if the case does not settle.

Late Zoom requests must be filed 30 days in advance as Motion for Administrative Relief or Stipulation.

Source text: If a request is not made at a pre-settlement conference meeting, the request shall be submitted at least 30 days in advance of the settlement conference by filing either a Motion for Administrative Relief (if the request is opposed) or Stipulation (if the request is unopposed), pursuant to Civil Local Rules 7-11 and 7-12, respectively.

For Zoom participants, counsel must provide names and email addresses to CRD.

Source text: For settlement conferences in which all parties or some individuals have been allowed by the Court to participate via Zoom, counsel must provide to the CRD the names and email addresses for those settlement conference participants.

Email addresses required to send Zoom invitations.

Source text: Without these email addresses, a Zoom Invitation to join the settlement conference cannot be sent.

Contact information must be emailed to ljccrd@cand.uscourts.gov at least 7 days before conference.

Source text: This contact information shall be emailed to ljccrd@cand.uscourts.gov no later than 7 days before the settlement conference.

Proposed orders must be emailed in Word format on filing day.

Source text: Proposed orders in civil cases shall be submitted in Word format (.doc or .docx) via email to ljcpo@cand.uscourts.gov on the day of filing.

Motions must include certification of meet and confer compliance.

Source text: All motions or non-stipulated requests shall include a certification, which may be submitted separately or included in the body of the filing, that the parties have complied with this meet and confer requirement.

Non-compliant filings may be stricken by the Court.

Source text: The Court may strike filings that do not comply.

Protective order must be filed with one of three specified declarations.

Source text: If parties believe a protective order is necessary, they are encouraged to use one of the Court’s model protective orders (available at http://cand.uscourts.gov/model-protective-orders). Parties shall file one of the following with their proposed protective order: (1) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (2) a declaration explaining each modification to the model order, along with a redline version comparing the proposed protective order with the model order; or (3) a declaration explaining why use of one of the model orders is not practicable.

Privilege log required when withholding information as privileged.

Source text: If a party withholds responsive information by claiming that it is privileged or otherwise protected from discovery, that party shall produce a privilege log. See Fed. R. Civ. P. 26(b)(5).

Privilege logs due within 14 days of disclosures/discovery responses.

Source text: The privilege log will be produced as quickly as possible, but no later than fourteen (14) days after its disclosures or discovery responses are due, unless the parties stipulate to, or the Court sets, another date.

Deposition objections limited to privilege or form only; speaking objections prohibited.

Source text: Deposition objections must be as to privilege or form only. Speaking objections are prohibited.