Courtesy copies are required for settlement demands and settlement offers. Details: 1 copy, delivery within 2 days, by hand delivery or fax. Settlement demand/offer letters must be delivered to chambers 2 days before conference; not to be filed.
Judge Virginia M. Kendall's rule states these limits: 5 pages. Joint initial status report limited to 5 pages.
The rule requires strict compliance. Court requires strict compliance with standing order rules and will reject non-compliant submissions.
The rule requires specific language. Declaration for ex parte TRO must satisfy FRCP 65(b)(1) and identify specific facts.
A fee is required for covered filings. Chief Judge Kendall presumptively requires a $1,000 bond per defendant in Schedule A cases.
Proof of service is not required by this specific service rule. Details: method: service by email. Serving Chinese entities via email is prohibited under the Hague Service Convention.
Court requires strict compliance with standing order rules and will reject non-compliant submissions.
Declaration for ex parte TRO must satisfy FRCP 65(b)(1) and identify specific facts.
Declaration for joinder must provide specific, non-speculative facts showing common transaction, law/fact questions, and interrelated conduct.
Declaration must show personal jurisdiction over each defendant; website screenshots alone are insufficient.
Chief Judge Kendall presumptively requires a $1,000 bond per defendant in Schedule A cases.
Serving Chinese entities via email is prohibited under the Hague Service Convention.
Motions seeking electronic service must comply with Kangol LLC case law.
Motion arguing Hague Convention does not apply must include a declaration under penalty of perjury with specific facts.
If motion based on defendants' unknown addresses, plaintiff must undertake diligent efforts to ascertain addresses before filing and detail them in declaration.
Declaration for default/default judgment must certify service, notice through authorized channels, and opportunity to respond.
Exhibits in a foreign language must be filed with an admissible English-language translation, and machine translation services are insufficient.
Plaintiff must file a single concise declaration under penalty of perjury to satisfy the conditions for the motion.
All proposed orders must comply with the Court’s standing order on submitting proposed orders, and any with drafting or proofreading errors will be summarily rejected.
Defendant must submit written settlement offer 7 days before settlement conference.
Plaintiff must submit settlement demand and damages itemization 14 days before settlement conference.
Settlement demand/offer letters must be delivered to chambers 2 days before conference; not to be filed.
Parties with settlement authority must personally attend settlement conference.
Settlement conference follows mediation format with joint and private sessions.
Settlement conference statements are inadmissible at trial.
Parties must be prepared to discuss 8 specific issues at settlement conference.
Joint initial status report limited to 5 pages.
Joint initial status report due 3 business days before initial status conference.
Joint initial status report not required in mortgage foreclosure cases.
Plaintiff’s attorney must file a single signed declaration under penalty of perjury meeting specific content requirements for TRO, joinder, and personal jurisdiction in Schedule A cases.
Plaintiffs in utility patent TRO or preliminary injunction motions should not seek asset restraints unless the ABC Prods. order does not apply.
Chief Judge Kendall presumptively requires a $1,000 bond per defendant for temporary restraining orders.
Third parties not named in the complaint cannot be named in active concert with defendants unless active concert is proven and they receive advance notice and opportunity to be heard.
Plaintiff’s attorney must file a signed declaration under penalty of perjury stating if defendants’ addresses are known and efforts to discover them for electronic service under FRCP 4 and 5.
Plaintiff’s attorney must file a signed declaration under penalty of perjury certifying service, notice, opportunity to respond, and response status for default or default judgment entry.
Foreign language exhibits must be filed with an admissible English translation; Google Translate is insufficient.